Iowa Immigration Law Blog: Employees Will Now Receive Confirmation of TNCs by Email

Dentons Davis Brown

If you are an E-Verify user, you know what a “TNC” is. It is a “tentative non-confirmation” provided when information entered in E-Verify cannot immediately be verified in the USCIS/SSA databases.

When an employer receives a TNC, it is supposed to offer the employee a chance to challenge it by reporting to the designated agency (USCIS or SSA). If the employee chooses to challenge, she is not to be terminated for failure of E-Verify unless the employer receives a final non-confirmation.

Trouble is that some employers (not our clients!) do not give the employee a chance to challenge the TNC.

Now E-Verify will send an email to the employee when the TNC is issued (if the employee has an email). See here for more information.

Of course unscrupulous people will simply not give E-Verify the email address, and many people who are vulnerable do not have an email address.

But this move is another indication of the trend toward compliance that we continue to nag employers about. For your own good, of course.

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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