October 28, 2021

Volume XI, Number 301

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October 28, 2021

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October 27, 2021

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October 26, 2021

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Tougher E-Verify Enforcement

E-Verify is moving toward tougher enforcement, which can result in a temporary termination from participation in the E-Verify program.

Early in the COVID-19 pandemic, E-Verify relaxed some of its standards regarding Tentative Nonconfirmation (TNCs). But, by November 2020, E-Verify stopped allowing extensions and began enforcing its usual timing requirements.

Employers receiving a TNC must notify the affected employee by providing the Further Action Notice explaining they must contact the appropriate government agency within 10 federal government workdays. If the employee does not respond or decides to “not contest” the TNC, the employer must note this choice in E-Verify by closing the case within 10 federal government workdays. When TNC cases remain open in E-Verify for more than 10 federal government workdays, it may be that the employer is not acting in accordance with TNC requirements. The government has stated that such failures may be considered policy violations that can lead to compliance action, up to and including termination of the employer’s E-Verify account.

Employers who have TNCs that have remained open for more than the 10 days have received notifications from E-Verify asking them to take action to resolve the open TNCs and reminding the employers of the possible consequences of non-compliance. Recent indications are that E-Verify may cut off employer access to E-Verify after 30 days if the government does not see sufficient follow up.

For employers who are required to use E-Verify under federal law (such as federal contractors and sub-contractors) or under state law or employers who use E-Verify primarily to provide STEM OPT, termination of their E-Verify accounts could have significant repercussions.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 231
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About this Author

Michael H. Neifach Jackson Lewis Employment visa Lawyer border security matters attorney
Principal

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

(703) 483-8300
Amy L. Peck, Immigration Attorney, Jackson Lewis, Worksite Compliance Lawyer
Principal

Amy L. Peck is a Principal in the Omaha, Nebraska, office of Jackson Lewis P.C. She dedicates her practice exclusively to immigration law and worksite compliance, and she is Co-Leader of the firm's Immigration practice group.

Ms. Peck is one of 21 Directors elected to serve on the 14,000-member American Immigration Lawyers Association (AILA) Board of Governors. She currently is serving on the Board of Trustees of the American Immigration Council.

Ms. Peck is a member of the AILA National...

(402) 391-1991
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