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E-Verify Implements TNC Enhancement and Proposes New Features to Significantly Expand Program Functionality

On July 1, 2015, E-Verify formally implemented its Tentative Non-Confirmation (TNC) E-Mail Notification enhancement, which permits E-Verify to directly notify employees when a TNC is issued during the employment verification process. Prior to the introduction of this feature, only employers were alerted to TNCs issued by the system.

 

 

 

Specifically, employees who enter a valid e-mail address in Section 1 of the Form I-9 and receive a TNC during the employment verification process will be contacted directly by federal agencies in the event of a data mismatch between the information noted on the Form I-9 and the data found in federal government databases. Importantly, employers are advised to remember that the e-email field on the Form I-9 is entirely optional. In addition, employees may elect to record any valid e-mail address of their choosing, including a work-based address. Employers will continue to be notified when a TNC occurs and will retain the obligation to notify employees accordingly, even if employees are also directly notified via the email address provided on the Form I-9.

In addition to the finalized enhancement described above, E-Verify is also actively soliciting comments until Aug. 7, 2015, regarding three additional features that could substantively add to the program’s functionality. Specifically, the proposed enhancements include:

1) Final Non-Confirmation (FNC): If implemented, this feature will enable employees to contest FNCs they feel were issued in error.

2) Re-verification: If implemented, this feature will require employers to re-verify the U.S. work authorization status of employees who present temporary evidence of U.S. employment eligibility during the Form I-9 completion process. As proposed, this requirement will extend to employees who were hired prior to the employer’s execution of the Memorandum of Understanding (MOU).

3) MOUs: Additional modifications to the MOU entered into between employers and the federal government have been proposed to support new business processes.

As a final note, employers are reminded to correctly and consistently apply E-Verify procedures and adhere to all corresponding obligations in order to ensure full compliance with program requirements. Notably, E-Verify’s Office of Monitoring and Compliance regularly reviews enrolled companies’ records for irregularities and evidence of impermissible conduct, such as potential discrimination. Moreover, in recent years, a sharp increase in inter-agency referrals connected to employers’ perceived or actual misuse of the system has been detected – in some cases leading to audits of employers’ Form I-9 files. Accordingly, employers are advised to contact experienced immigration counsel when contacted by E-Verify’s Office of Monitoring and Compliance.

 

 

©2018 Greenberg Traurig, LLP. All rights reserved.

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About this Author

Nataliya Binshteyn Dominguez, Greenberg Traurig Law Firm, Northern Virginia, Immigration Law Attorney
Associate

Nataliya Binshteyn Dominguez focuses her practice on global business immigration matters. She advises corporate and individual clients in a variety of employment-based immigrant and non-immigrant cases. She advises corporations on Form I-9 and E-Verify employment verification matters, including compliance audits, due diligence for corporate restructuring, and immigration-related defense in connection with worksite enforcement investigations. Nataliya also conducts Form I-9 and E-Verify trainings and frequently authors articles regarding immigration compliance issues. She...

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