Employees Now Notified of SSA and I-9 Mismatches

Cozen O'Connor

USCIS has announced an E-Verify customer service enhancement that will inform employees about Tentative Non-Confirmations (TNCs), which result from discrepancies between the data employees provide during the I-9 employment verification process and DHS or Social Security Administration (SSA) records.   The current system only allows the employers to receive notices of the mismatches, who are then given required steps to follow to cure the problem.  The new enhancement will simultaneously notify employers and employees who voluntarily provide their email address on the Form I-9 form when a TNC problem occurs.  It will also send reminder emails to these individuals if no action to resolve the TNC is taken within four days of a decision to contest the mismatch, it will also inform employees that a correction to their DHS or SSA records may be required.  This new enhancement is due to the new revised Form I-9, which now includes fields for email addresses and telephone numbers in Section 1.  Since providing an email address is voluntary, the direct notification of employees who receive TNCs will only apply to individuals who add their email address on the form.  Employers will still be required to notify employees upon receiving a TNC.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Cozen O'Connor

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