E-Verify Issues New Further Action Notice

For employers that use E-Verify, on Sept. 9, 2013, the Tentative Nonconfirmation Notice (TNC) and Referral letter were combined to create the new Further Action Notice and Referral Date Confirmation.  The new notice provides employees with information and instructions related to TNCs and how to resolve them. According to the U.S. Department of Homeland Security (DHS), the agency that governs the use of E-Verify, if a TNC is issued after an employer enters an employee’s data into E-Verify, E-Verify will generate a Further Action Notice that will include the employee’s information as it was entered.  The notice explains the reason for the TNC and the employee’s right to contest it.  Should the employee decide to contest the TNC, the Referral Date Confirmation will appear once the employer has referred the case.  The employer must then select the language of the Referral Date Confirmation, print and give it to the employee.  The Referral Date Confirmation gives the date by which the employee must visit Social Security Administration (SSA) or contact DHS to resolve the issue. E-Verify is an internet-based system that compares information from an employee's Employment Eligibility Verification form (Form I-9), to data from DHS and SSA.  Additional information on E-Verify is available in the Labor & HR Topical Resources section of the AGC website.  Select “Other Legal Issues” from the pull-down menu and “Immigration & Employment Eligibility” from the second one.