The Department of Homeland Security (DHS) issued a Fact Sheet on How to Correct Your Immigration Records after Resolving a Tentative Nonconfirmation in E-Verify.
A Tentative Nonconfirmation (TNC) may be received by an employer during the E-Verify process regarding records presented for purposes of the Employment Eligibility Verification form (Form I-9) which do not match up with DHS’ data.
Assuming the error isn’t on the part of the employer (e.g., incorrectly entered the data into E-Verify), an employer must advise the employee of the TNC and allow the employee to address the TNC with DHS. Note, an employer can also receive a TNC from the Social Security Administration.
DHS recommends employees either seek an appointment with U.S. Citizenship and Immigration Services (USCIS) through InfoPass or submit a Privacy Act request to correct their records (e.g., lawful permanent resident card or employment authorization document). For errors on the Form I-94 (Arrival-Departure Record) they recommend employees contact Customs and Border Protection. And finally, for students or exchange visitors, DHS recommends they contact the Student and Exchange Visitor Program website.
DHS notes that scheduling an appointment through InfoPass is the “fastest way” to correct one’s records with USCIS.
Note for Employers – You must allow employees an opportunity to contest a TNC. A DHS TNC case result does not necessarily mean an employee is not authorized to work in the United States. For an overview of the process click here.