LEGAL GUIDE
Written by attorney Ann Massey Badmus | Apr 15, 2013

E-Verify For Employees FAQ (Part 5): Correcting A DHS or SSA Tentative Nonconfirmation (TNC)

In summarizing this FAQ series on E-Verify Tentative Nonconfirmations, know your rights as an employee and keep in mind the following steps:

Step 1 : Receive and read the ‘Social Security Administration (SSA) Notice to Employee of Tentative Nonconfirmation (TNC)’ or the ‘U.S. Department of Homeland Security (DHS) Notice to Employee of Tentative Nonconfirmation (TNC)’ from E-Verify provided by your employer. Ensure that your name, date of birth, and Social Security number are correct. Tell your employer immediately if any information is incorrect.

Step 2: Decide if you are going to contest (take action) or not contest (not take action) the DHS or SSA TNC case result. Notify your employer of your decision to contest or not contest. If you decide to contest, your employer will send your case to the DHS or the SSA through E-Verify and give you a referral letter. Continue to Step 3. If you decide not to contest the TNC, your employer may terminate your employment and there are no additional steps for you.

Step 3: Receive and read the ‘Referral to the Social Security Administration (SSA)’ or the ‘Referral to the U.S. Department of Homeland Security (DHS)’ from E-Verify provided by your employer. Ensure that your name, date of birth, and Social Security number are correct. Tell your employer immediately if any information is incorrect. The referral letter explains how to visit a SSA field office or contact DHS, and what information or documents you will need.

Step 4: Visit a SSA field office or contact DHS within 8 federal government workdays to correct the TNC.

IMPORTANT: Your employer cannot take adverse action against you, including – terminating employment, suspending employment, withholding pay or training, delaying a start date or otherwise limiting employment based on your decision to contest a TNC or because your E-Verify case is still pending with DHS or SSA.

Step 5: Wait for your employer to inform you of the final E-Verify case result. Your case will update automatically in E-Verify based on the update by DHS or SSA. The final E-Verify result will indicate if E-Verify is able to confirm your work authorization.

Additional resources provided by the author

If you're a foreign medical graduate who wishes to practice medicine anywhere in the United States, the Badmus Law Firm can help you navigate the often complicated immigration process. You are invited to contact us at (469) 916-7900 or at [email protected]

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