Updated: Aug 17, 2021
E-Verify has added a new feature, myUploads, to its system allowing employees to upload images of documents to dispute TNCs. A Tentative Nonconfirmation (TNC) being when either the Department of Homeland Security (DHS) or Social Security Administration (SSA) flags an I-9 for information that does not match their own records. This means employees can now use any computer or smart device to take a picture of documents and upload them to the E-Verify system instead of having to go through the traditional resolution system. This will aid employers in receiving quicker responses from E-Verify and make it easier for employers to remain in compliance.
What Employers Need to do with TNCs
Employers still need to notify the Employee whose E-Verify is incomplete and provide information on how the employee can resolve the issue. This includes providing a Further Action Notice (FAN) that describes what a TNC is and gives the employee information on how to resolve it. FANs will now include information on how to use myUploads, but the usual procedures are still in place, meaning employees need to contact DHS after uploading their documents.
How to Stay In Compliance
Employers still need to follow E-Verify timelines when it comes to processing and closing TNCs. Employers cannot require employees to use myUploads or any of the other services such as myE-Verify or Self Check.
If you are concerned about how this effects your company’s compliance procedures, contact your Corporate Immigration Lawyer for more information.
Business Immigration Attorney
MDIVANI CORPORATE IMMIGRATION LAW FIRM
NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to your situation
The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.