Troubleshooting E-Verify: How to Handle Tentative Non-Confirmation (TNC) Status

Table of Contents

• Understanding E-Verify Tentative Nonconfirmation (TNC)
• Navigating the TNC Process: Key Steps for Employers and Employees
• Common Pitfalls and Reasons for TNCs
• Recent Updates and How They Affect TNC Resolution
• Data-Driven Insights: TNC Rates and Resolution Success
• Employer Responsibilities in TNC Management
• Frequently Asked Questions (FAQ)

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The E-Verify system is a cornerstone of employment eligibility verification in the United States. When a case receives a Tentative Nonconfirmation (TNC) status, it signals a discrepancy between the information provided on Form I-9 and the records held by the Social Security Administration (SSA) or the Department of Homeland Security (DHS). It's crucial to understand that a TNC is not an automatic disqualifier; rather, it's a prompt for further investigation and resolution.

Troubleshooting E-Verify: How to Handle Tentative Non-Confirmation (TNC) Status

 

Understanding E-Verify Tentative Nonconfirmation (TNC)

A Tentative Nonconfirmation, or TNC, occurs when the information an employer submits to E-Verify through an employee's Form I-9 doesn't immediately match government records. This mismatch can stem from various sources, including inaccuracies in personal data, changes in legal status, or even simple data entry errors. It's designed as a safeguard, providing an opportunity to correct potential issues before a final determination is made. The TNC itself is not a final decision on an individual's work authorization.

The process is initiated when E-Verify compares the data from the I-9 form against databases maintained by the SSA and DHS. If a discrepancy is found, the case is flagged as a TNC, and the employer is notified. This notification is the first step in a structured process that allows both the employer and the employee to take action to resolve the issue.

It's vital for employers to communicate this TNC status to their employees promptly and privately. The employee then has a defined period to decide whether to contest the TNC. If the employee chooses to contest, they are given specific instructions and deadlines to contact the relevant agency—either the SSA or DHS—to provide necessary documentation or clarification.

The system aims to balance efficient verification with the rights of individuals. Understanding the nuances of the TNC process is therefore essential for employers to maintain compliance and for employees to ensure their employment eligibility is accurately reflected.

 

TNC vs. Final Nonconfirmation (FNC)

Feature	Tentative Nonconfirmation (TNC)	Final Nonconfirmation (FNC)
Nature of Status	Initial discrepancy, requires further action. An opportunity to resolve.	Final determination after TNC resolution period, indicating a failure to confirm employment eligibility.
Employee Action	Employee must review and potentially contest.	No further action to confirm employment eligibility possible through E-Verify.
Employer Action	Must notify employee, track deadlines, and update case based on employee's decision. Cannot terminate employment pending resolution.	Employer may proceed with adverse action, potentially including termination, if employment eligibility cannot be confirmed.
Outcome	Can lead to confirmation of employment eligibility or, if uncontested or unresolvable, an FNC.	Confirms that employment eligibility could not be verified.

Navigating the TNC Process: Key Steps for Employers and Employees

When an E-Verify case results in a TNC, a clear and defined process must be followed to ensure fairness and compliance. For employers, the immediate step upon receiving a TNC notification is to inform the employee privately. This notification must be accompanied by a Further Action Notice (FAN), which outlines the reason for the TNC and provides instructions on how the employee can contest it. This communication must occur within 10 federal business days of the TNC referral.

The FAN is a critical document. It details which agency, SSA or DHS, has flagged the discrepancy and provides agency-specific contact information and instructions for resolution. The employee then has a limited window, typically 8 federal government working days, to decide whether to contest the TNC. During this period, employers are prohibited from taking any adverse action against the employee based on the TNC status.

If the employee decides to contest, they must follow the instructions on the FAN. This often involves gathering specific documents and contacting the designated agency. The employer's role during this phase is to facilitate the process by providing the employee with necessary information and ensuring they meet the deadlines, without offering legal advice.

Conversely, if the employee chooses not to contest the TNC, or if they miss the deadline to do so, the employer must close the case in E-Verify and select the appropriate reason, such as "No Action—Final Nonconfirmation." This step allows the employer to proceed according to their company policies regarding employment eligibility, which may include termination.

 

Employee TNC Resolution Pathways

Action	Description	Deadline
Receive Notification	Employer privately informs the employee of the TNC and provides the Further Action Notice (FAN).	Within 10 federal business days of TNC referral.
Review FAN	Employee reviews the FAN to understand the nature of the discrepancy and the steps for resolution.	At employee's discretion, prior to deciding to contest.
Decide to Contest	Employee makes a decision on whether to contest the TNC.	8 federal government working days from receipt of FAN.
Contest TNC	Employee contacts the relevant agency (SSA or DHS) and provides required documentation.	Must initiate contact within the 8-day window.
Await Resolution	The agency reviews the submitted information and E-Verify updates the case status.	Resolution times vary by agency.
No Contest	Employee decides not to contest or fails to meet the deadline.	Upon expiration of the 8-day window.

Common Pitfalls and Reasons for TNCs

Discrepancies leading to a TNC can arise from a multitude of sources, often stemming from data mismatches between personal records and government databases. For Social Security Administration (SSA) mismatches, common culprits include failing to update crucial information like citizenship status or immigration status changes with the SSA. Even simple administrative oversights, such as not reporting a name change after marriage or divorce, can trigger a TNC. Furthermore, errors in the basic data held by the SSA, including incorrect names, Social Security numbers, or dates of birth, are frequent causes. Employer data entry errors also play a significant role, where a simple typo can lead to a mismatch.

Department of Homeland Security (DHS) mismatches can similarly be attributed to a range of issues. Inaccurate personal details in DHS records, such as names, Alien Registration Numbers (A-Numbers), I-94 numbers, or foreign passport details, are common. Difficulties in verifying identity documents, even valid ones like U.S. passports or driver's licenses, can also result in a TNC. Outdated information within DHS records, or changes in an individual's citizenship or immigration status that haven't yet been fully processed or updated in the system, can lead to a flag. As with SSA mismatches, employer data entry errors are a recurring factor, underscoring the importance of careful input.

A "dual mismatch" occurs when both SSA and DHS identify a discrepancy, complicating the resolution process. In such cases, the FAN will indicate the involvement of both agencies, and the employee may need to coordinate with both to resolve the issues. Understanding these potential causes is the first step for both employers and employees in efficiently addressing and resolving TNCs.

 

SSA vs. DHS Mismatch Causes

Agency	Common Causes of Mismatch
Social Security Administration (SSA)	Failure to update citizenship or immigration status with SSA. Not reporting a name change to SSA. Incorrect name, Social Security number, or date of birth in SSA records. Other record discrepancies with SSA. Employer data entry errors during initial submission.
Department of Homeland Security (DHS)	Incorrect name, A-Number, I-94 number, or foreign passport number in DHS records. Inability to verify U.S. passport, driver's license, or other identity document information. Outdated information in DHS records. Changes in citizenship or immigration status not yet reflected. Employer data entry errors during initial submission.

Recent Updates and How They Affect TNC Resolution

The E-Verify system is continually evolving to improve efficiency and accessibility, with recent updates significantly impacting the TNC resolution process. One notable advancement is the introduction of "myUploads," a feature within the myE-Verify portal. This allows employees to resolve DHS-related TNCs by submitting necessary documents electronically, directly from their computer or smart device. This digital solution offers greater convenience and can expedite the resolution process, particularly for individuals who may find it challenging to visit physical offices.

Furthermore, the SSA has introduced flexibility for specific TNC cases. Since March 2021, employees who receive an SSA TNC specifically due to a citizenship mismatch now have the option to contact DHS directly to resolve their cases. Previously, such issues might have exclusively required a visit to an SSA field office. This expanded pathway provides an alternative resolution route, potentially easing the burden on employees.

A critical recent development to be aware of is a system error that affected some SSA mismatch cases between April 9 and May 5, 2025. During this period, certain cases that were referred might have incorrectly resulted in a Final Nonconfirmation (FNC), even if the employee had taken steps to resolve the TNC. Employers who experienced this issue were specifically instructed by E-Verify to refrain from taking adverse action against the affected employees and to create a new E-Verify case for them. This highlights the importance of staying informed about system alerts and updates.

E-Verify has also been actively emphasizing employers' responsibilities, issuing regular reminders about the 10-federal-business-day timeline for TNC actions. This ongoing focus underscores the program's commitment to ensuring that employers understand and fulfill their obligations in managing the TNC process correctly and promptly.

 

Key TNC Resolution Enhancements

Feature/Update	Impact on TNC Process	Effective Period/Notes
myUploads Feature	Allows employees to upload documents electronically for DHS TNCs, enabling remote resolution.	Ongoing enhancement to myE-Verify portal.
SSA Citizenship Mismatch Flexibility	Employees with SSA citizenship mismatches can opt to contact DHS directly for resolution.	Since March 2021.
E-Verify System Error (April-May 2025)	Incorrect FNCs for some SSA mismatch cases. Employers were advised not to take adverse action and to re-verify.	Reported for cases referred between April 9, 2025, and May 5, 2025.
Employer Responsibility Reminders	Reinforces the 10-federal-business-day requirement for employers to take action on TNCs.	Ongoing and periodic communications.

Data-Driven Insights: TNC Rates and Resolution Success

Examining the statistics surrounding E-Verify TNCs provides valuable context on the prevalence and impact of these discrepancies. In fiscal year 2017, a significant volume of E-Verify cases, totaling over 34.8 million, were processed. Of these, approximately 1.1%, equating to 383,390 cases, resulted in a Tentative Nonconfirmation. While this percentage might seem small, the sheer number of cases means thousands of individuals could be affected by a TNC.

Crucially, not all TNCs represent genuine employment eligibility issues. Of the cases flagged with a TNC in FY 2017, a notable portion, 13.6% (52,280 cases), were successfully contested and ultimately confirmed as employment-authorized. This figure highlights the importance of the resolution process, as many TNCs are due to correctable data errors or misunderstandings rather than a lack of authorization.

The rate of erroneous TNCs, while low at 0.15% of all searches in 2017, still represented a substantial number of workers facing potential disruption. These erroneous TNCs constituted 13.6% of all TNCs issued that year, reinforcing the necessity of a robust review and appeal process.

Specific populations also show varying TNC and resolution rates. For Temporary Protected Status (TPS) holders, data from 2016-2020 indicates that out of 11,610 TNCs issued, 1,987 cases were successfully resolved, leading to confirmed employment authorization. These statistics collectively underscore that TNCs are a normal part of the system and that a majority of cases are resolved successfully when individuals and employers follow the correct procedures.

 

TNC Statistics Overview (FY 2017 Data)

Metric	Figure	Notes
Total E-Verify Cases Processed	34,853,666	Volume of employment eligibility verifications.
Total TNCs Issued	383,390	1.1% of total cases.
TNCs Successfully Contested	52,280	13.6% of all TNCs; indicated employment authorization.
Erroneous TNC Rate	0.15% of total searches	Represented 13.6% of all TNCs in 2017.

Employer Responsibilities in TNC Management

Employers play a pivotal role in the E-Verify TNC process, acting as the primary conduit between the government system and the employee. Their responsibilities begin the moment a TNC is issued. Within 10 federal business days, they are obligated to notify the employee privately about the TNC and provide them with the necessary Further Action Notice (FAN). This notice is critical for the employee to understand the nature of the discrepancy and how to proceed.

Throughout the TNC resolution period, employers must exercise patience and refrain from taking any adverse employment action against the employee. This means the employee continues to work while the case is being reviewed or contested. Terminating employment based solely on a TNC status before the resolution process is complete is a violation of E-Verify rules and can lead to significant penalties.

Once the employee has had the opportunity to contest or has decided not to, the employer must diligently update the case status in E-Verify. This involves accurately reflecting whether the TNC was resolved, not contested, or resulted in a Final Nonconfirmation (FNC). Proper case management is essential for maintaining compliance and accurate employment records.

Employers also bear the responsibility of understanding common reasons for TNCs, such as data entry errors. If an employer realizes they made a mistake when initially entering information into E-Verify, they have the option to correct this error. This typically involves selecting an option indicating that the initial information was incorrect, closing the case, and then creating a new E-Verify case for the employee with the corrected details, thereby resolving the TNC caused by their own error.

 

Employer Actions During TNC Resolution

Responsibility	Action Required	Timeliness
Notification	Privately inform employee of TNC; provide Further Action Notice (FAN).	Within 10 federal business days of TNC referral.
Adverse Action	Do not terminate or take adverse action while TNC is pending resolution.	Throughout the employee's contest period.
Case Management	Update E-Verify case status based on employee's decision and resolution outcome.	Promptly after employee's contest period ends or resolution is reached.
Self-Correction	If employer made an entry error, correct by closing and re-creating the case.	As soon as the error is identified.
Compliance	Understand and adhere to all E-Verify program rules and guidelines.	Continuously.

Frequently Asked Questions (FAQ)

Q1. What is E-Verify?

 

A1. E-Verify is an internet-based system operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows employers to electronically confirm the employment eligibility of their newly hired employees.

 

Q2. What is a Tentative Nonconfirmation (TNC)?

 

A2. A TNC is a notice issued when the information entered into E-Verify from an employee's Form I-9 does not match SSA or DHS records. It is a tentative result, not a final determination of ineligibility.

 

Q3. How long does an employer have to notify an employee of a TNC?

 

A3. Employers must notify the employee privately and provide them with a Further Action Notice (FAN) within 10 federal business days of the TNC referral.

 

Q4. How long does an employee have to contest a TNC?

 

A4. Employees typically have 8 federal government working days from receiving the FAN to contact the relevant agency (SSA or DHS) to contest the TNC.

 

Q5. Can an employer terminate employment immediately after a TNC is issued?

 

A5. No, employers cannot take adverse action against an employee while their TNC case is pending resolution. Termination is only permissible if the TNC is not resolved or contested within the specified timelines.

 

Q6. What is a Further Action Notice (FAN)?

 

A6. The FAN is a document provided to the employee that explains the reason for the TNC and details the steps the employee must take to contest it, including agency contact information.

 

Q7. What are common reasons for an SSA TNC?

 

A7. Common reasons include failure to update status with SSA, not reporting name changes, incorrect personal data (name, SSN, DOB) in SSA records, or employer data entry errors.

 

Q8. What are common reasons for a DHS TNC?

 

A8. Common reasons include incorrect DHS records (name, A-Number, I-94), inability to verify identity documents, outdated immigration status information, or employer data entry mistakes.

 

Q9. What is a dual mismatch?

 

A9. A dual mismatch occurs when both the SSA and DHS identify a discrepancy with the employee's information.

 

Q10. What is the "myUploads" feature in myE-Verify?

 

A10. myUploads is a feature that allows employees to electronically submit documents to resolve DHS TNCs through the myE-Verify portal.

 

Q11. Can an employee resolve an SSA TNC by contacting DHS directly?

 

A11. Since March 2021, employees with an SSA TNC related to a citizenship mismatch can opt to contact DHS directly for resolution.

 

Q12. What happened during the E-Verify system error in April-May 2025?

Recent Updates and How They Affect TNC Resolution

 

A12. A technical issue caused some SSA mismatch cases to incorrectly result in a Final Nonconfirmation (FNC), even after employee action. Employers were instructed to re-verify affected employees.

 

Q13. What should an employer do if they realize they made a data entry error in E-Verify?

 

A13. The employer should select the option indicating the information was incorrect, close the case, and create a new E-Verify case with the correct data.

 

Q14. What is the TNC rate for E-Verify?

 

A14. In fiscal year 2017, approximately 1.1% of E-Verify cases resulted in a TNC.

 

Q15. What percentage of TNCs are successfully contested?

 

A15. In FY 2017, 13.6% of TNCs were successfully contested, meaning employment eligibility was confirmed.

 

Q16. How does the TNC process differ for Temporary Protected Status (TPS) holders?

 

A16. TPS holders, like other individuals, go through the TNC process, and data shows a significant number successfully resolve their TNCs to confirm employment authorization.

 

Q17. What documentation might an employee need to contest a TNC?

 

A17. This depends on the agency and the reason for the TNC, but can include updated identification, proof of citizenship, or documentation of legal immigration status.

 

Q18. Can an employer ask an employee for specific documents to resolve a TNC?

 

A18. Employers should direct employees to the FAN for instructions on what documents are needed. They should not request specific documents beyond what is officially required for the E-Verify process.

 

Q19. What happens if an employee does not contest a TNC within the 8-day window?

 

A19. If the employee does not contest within the timeframe, the employer must close the case in E-Verify as "No Action—Final Nonconfirmation," which may lead to termination.

 

Q20. Where can employers find the latest E-Verify program rules and updates?

 

A20. Employers can find official program rules, guidance, and updates on the official E-Verify website (www.e-verify.gov).

 

Q21. Is an employer required to use E-Verify?

 

A21. E-Verify is mandatory for federal contractors and in some states. Other employers may use it voluntarily but must adhere to program rules if they do.

 

Q22. What is the difference between an SSA mismatch and a DHS mismatch in the FAN?

 

A22. The FAN will specify whether the discrepancy is with the Social Security Administration (SSA) records or Department of Homeland Security (DHS) records, guiding the employee on which agency to contact.

 

Q23. Can an employee contest an FNC (Final Nonconfirmation)?

 

A23. An FNC is a final determination. Generally, employees cannot contest an FNC through E-Verify. They may need to contact SSA or DHS directly to correct underlying record issues to establish future eligibility.

 

Q24. How long does E-Verify take to provide a result?

 

A24. E-Verify typically provides an employment eligibility result within seconds. A TNC requires further processing time by SSA or DHS.

 

Q25. What are the implications of not following E-Verify procedures for TNCs?

 

A25. Non-compliance can lead to penalties, audits, and potential loss of the ability to use E-Verify. It can also create legal liabilities related to employment discrimination.

 

Q26. What is the role of the SSA in TNC resolution?

 

A26. The SSA verifies the accuracy of an individual's name, Social Security number, and date of birth, and confirms citizenship or immigration status with SSA records.

 

Q27. What is the role of DHS in TNC resolution?

 

A27. DHS verifies employment eligibility for non-U.S. citizens, confirming immigration status and work authorization documents.

 

Q28. Can an employer re-verify an employee after a TNC is resolved?

 

A28. Once a TNC is successfully resolved and confirmed as employment-authorized, re-verification is generally not required unless the employee's authorization expires and is tied to a specific document.

 

Q29. How does E-Verify handle changes in immigration status?

 

A29. Changes in immigration status need to be reflected in DHS records. If not, it can lead to a TNC. Employees often need to update their status with DHS and then E-Verify may be able to confirm it.

 

Q30. What is the main goal of the TNC process?

 

A30. The primary goal is to ensure that all employees are authorized to work in the United States while providing a fair and timely process to correct any discrepancies that may arise.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Employers and employees should consult official E-Verify resources or legal counsel for specific guidance.

Summary

This post breaks down the E-Verify Tentative Nonconfirmation (TNC) process, detailing common causes, employer and employee responsibilities, recent updates like myUploads, and key statistics. It emphasizes the TNC as a resolvable discrepancy rather than a final determination, guiding users through navigating and resolving these crucial employment verification statuses.