A "DHS Tentative Nonconfirmation (TNC)" results when the information entered in E-Verify does not initially match U.S. Department of Homeland Security (DHS) records. A "DHS TNC" does not mean that the employee is not authorized to work in the United States.
A "DHS TNC" case result may occur because the employee's
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Name, A-number and/or I-94 number are incorrect in DHS records
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U.S. Passport, Passport Card, driver’s license or state ID card information could not be verified
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Information was not updated in the employee's DHS records
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Citizenship or immigration status changed
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Record contains another type of error
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Information was not entered correctly by the employer
Both the employer and employee have responsibilities when E-Verify returns a "DHS TNC" case result:
1. Employer notifies the employee of the "DHS TNC."
When E-Verify displays a "DHS TNC" case result, the employer must first notify the employee of the "DHS TNC." To notify the employee, the employer must print a "Notice to Employee of Tentative Nonconfirmation," also called a TNC notice. The TNC notice is a critical document that explains
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What is a "DHS TNC."
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Why the employee received a "DHS TNC."
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What the employee's options are after having received a "DHS TNC."
The TNC notice also provides instructions to the employer for notifying an employee of a "DHS TNC." Specifically, the employer must
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Print the TNC notice and review it privately with the employee.
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Read the notice to the employee if the employee cannot read.
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Provide the employee with the English version and a foreign language version of the TNC notice if the employee does not fully understand English.
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Sign the employer section on the first page of the TNC notice.
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Instruct the employee to complete and sign the employee section on page two of the TNC notice.
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Provide the employee a copy of the signed TNC notice and keep the original with the employer's records.
2. Employee decides whether to contest the "DHS TNC."
Employees also have certain rights and responsibilities after having received a "DHS TNC." After receiving a "DHS TNC," the employee must decide whether to take action and contest this case result and must indicate so on the TNC notice.
If the employee contests the "DHS TNC," the employer must take the next step in E-Verify and refer the employee to DHS.
If the employee does not contest the "DHS TNC," the TNC case result is then considered a "DHS Final Nonconfirmation," and the employer may terminate the employee based on E-Verify. In this case, the employer must close the case in E-Verify and indicate whether the employee was terminated. Please note that employers may not discourage the employee from contesting the TNC.
3. Employer refers the employee's case to DHS.
An employee who chooses to contest a "DHS TNC" must be referred to DHS. When the employer refers a case to DHS, E-Verify will generate "Referral to the U.S. Department of Homeland Security" also called DHS referral letter which the employer must print and give to the employee. The DHS referral letter instructs the employee to contact DHS to resolve the mismatch.
If the employee contests a "DHS TNC" issued because of a photo mismatch (meaning the employer indicated that the photo displayed by E-Verify did not match the photo on the employee's document), the employer must also make a copy of the document the employee provided and submit it to DHS for review. The employer may either scan and upload an image of the document or send a copy of the document via express mail at the employer's expense.
The employee must be allowed to continue working while he or she resolves the mismatch. In addition, an employer may not take any adverse actions, such as delaying training or reducing work hours, against an employee while his or her case is in a "Employee Referred to DHS" status.
4. Employee contacts DHS to resolve the mismatch.
Once the employer refers the case in E-Verify, the employee then has eight federal government work days to contact DHS and resolve the mismatch. When contacting DHS, the employee should have the DHS referral letter.
If the employee does not contact DHS, E-Verify will automatically change the employee's case status to "DHS No Show" after 10 federal government work days have passed since the case was referred. Only after an employee receives a "DHS No Show" or "DHS Final Nonconfirmation" may the employer terminate the employee based on E-Verify.
5. DHS updates the employee's case in E-Verify.
If the employee is successful in resolving the mismatch, DHS will update its records and the employee's case in E-Verify. It may take up to two federal government work days after a mismatch is resolved for the employer to see the updated case status in E-Verify.
E-Verify features a case status alert that will notify the employer of an update in an employee's case when the employer logs in to E-Verify.
In most cases, DHS will update the employee's case with a final case result, which can be "Employment Authorized," "DHS No Show" or "DHS Final Nonconfirmation." Occasionally, DHS may require the employee to take additional action before a final case result can be issued. In these cases, DHS will update the employee's case to a "Case in Continuance."
In rare cases, DHS may need more than 10 federal government work days to verify an employee's employment eligibility. This can happen for a number of reasons, including if an employee has lost and has applied for a replacement document. An employee must first contact DHS and attempt to resolve the TNC for DHS to put a case in continuance. While a case is in continuance, the employer must allow the employee to continue working until a final case status is displayed in E-Verify. Employers should check E-Verify regularly for a status update.
"Case in Continuance" is considered a temporary case status and an employer may not take any adverse actions against an employee with a "Case in Continuance" status. Under the law, the employee must be allowed to continue working until a final case status is displayed in E-Verify.
6. Employer closes employee's case in E-Verify.
Once the employee has received a final case status, such as "Employment Authorized," "DHS No Show" or "DHS Final Nonconfirmation," the employer must close the case in E-Verify. If the employee received a "DHS No Show" or "DHS Final Nonconfirmation," the employer must also indicate whether the employee was terminated.
For more information, including specific instructions for following TNC procedures in E-Verify, please consult the E-Verify User Manual.
