On September 9, 2013, the U.S. Citizenship & Immigration Services (USCIS) introduced a new set of E-Verify enhancements to the Tentative Nonconfirmation (TNC) process. The USCIS will be replacing the TNC notice and Referral Letter with a Further Action Notice (FAN). The USCIS stated that the FAN simplifies the TNC communication process by combining the employee's biographical information, the reason for the TNC, the employee's decision to contest and the employee's instructions for contesting a TNC into a single document.
The new TNC process may involve two documents, namely the FAN and a Referral Date Confirmation. The FAN appears when an employee receives a TNC. The employer must then select the language of the notice, print and give notice to the employee. If the employer prints the notice in a language other than English, the employer must also print the notice in English. The USCIS stated that the non-English version should be used as a type of translation form. However, all action regarding the TNC must be completed on the English version of the FAN and Referral Date Confirmation document. The employer must retain the English versions of these documents to evidence their compliance with the TNC process, even though it may also give the employee a copy of the non-English version for translation purposes in addition to the English version. If the employee decides to contest the TNC, the employer must refer the case, print the Referral Date Confirmation and give it to the employee. Again, if the employer prints the Referral Date Confirmation in a language other than English, the employer must also print the English version and give a copy of both the English and non-English versions to the employee. The Referral Date Confirmation gives the date by which the employee must visit the Social Security Administration (SSA) or contact the Department of Homeland Security (DHS) to begin resolving the TNC.
Approximately three months ago, E-Verify launched another new customer service enhancement that will allow e-mail notification to employees of a TNC at the same time it notifies the employer. If the employee provides an e-mail address in Section 1 of the current Form I-9, the employer is required to enter this information into the E-Verify system. The e-mail notification process does not replace the current TNC process. Employers are still required to notify employees of the TNC, provide them with the FAN which explains their right to contest the TNC. There are four possible e-mails an employee may receive from E-Verify if he/she provides his/her e-mail address in Section 7 of Form I-9:
- If a TNC is issued, the employee will be notified automatically by E-Verify.
- An e-mail will be sent to the employee when the case is referred to SSA or DHS during the TNC process.
- An e-mail will be sent when an employee has not contacted DHS or SSA within four days of the date that the case was referred during the TNC process, even though the employee has up to eight federal working days to contest a TNC.
- If E-Verify confirms employment eligibility for a nationalized citizen of the United States according to DHS records but also finds that records with SSA have not been updated since the employee naturalized, an e-mail will advise the employee to visit a SSA field office to update the record as a courtesy reminder.
Finally, the USCIS continues to expand the E-Verify RIDE program. The RIDE program allows E-Verify to verify driver's license and state identification data. This program was initially launched in June 2011. Currently, four states are participating in the E-Verify RIDE program, namely Mississippi, Florida, Idaho and Iowa. Iowa was just added to the RIDE program on September 9, 2013. The USCIS indicated that it is currently negotiating with several other states to participate in the RIDE program. If an employee provides a driver's license or state identification from one of the states participating in the RIDE program, E-Verify will ask for information from the driver's license or state identification card. If the E-Verify system is not able to verify the information from the driver's license or a state identification card, the system will generate a DHS TNC.