The United States Citizenship and Immigration Services (USCIS) has announced that employers must now take action on a Tentative Nonconfirmation (TNC) during the E-Verify case creation process within 10 federal government working days or risk potential compliance actions, up to and including termination of their E-Verify account. Beginning Nov. 5, 2020, employers not in compliance will be notified. The new policy is not a reminder of an existing timeframe and that timeframe is different than the 8-day requirement for contacting the SSA or DHS once a case has been referred. The 8-day requirement for contacting the SSA, however, is still under an indefinite extension due to COVID-19. Employers should be sure to act quickly to identify whether they have any outstanding TNC cases where no action has been taken within the E-Verify system and update their internal processes, training materials, and documentation.
