The following points will cover new features/enhancements to the Form I-9 and E-Verify program that every employer should be aware of. 

  • The email address that employees provide in Section 1 of the Form I-9 is used by USCIS to contact an employee in the event of a Tentative Non-confirmation (TNC) (which is no longer really called a TNC but more on that later).  Since Americans generally tend to reveal too much about themselves (Facebook), most employees will write in their email address and telephone number in Section 1 even though they are not required to do so.  When they do, and if as an employer you use E-Verify, you must then input that information into the system.   A TNC indicates that there is a record mismatch that must be resolved prior to the employee receiving a “work authorized” status from the system.
  • The TNC process now involves two documents.  A Further Action Notice (FAN)  and a Referral Date Confirmation Notice.  The FAN must be reviewed by both the employer and employee and will be issued when an employee receives a TNC.  If an employee decides to contest the TNC, a Referral Date Confirmation Notice appears with instructions on initiating contact with either the Department of Homeland Security (DHS) or Social Security Administration (SSA) to resolve the issue.  The notice provides the timeline by which this must be done.  Employees will also receive via email (assuming they provided their email on the Form I-9) information about contacting DHS or SSA.  For a list of the various emails an employee could receive from USCIS, click here
  • Ever heard of a program called E-Verify RIDE?   It’s not a carpool program.  It’s a program that crosschecks an employees driver’s license with state records.  When an employee presents a driver’s license from certain states — Idaho, Iowa, Mississippi — the document number inputed in Section 2, List B of the Form I-9 will be checked against state records.  The program is intended to reduce document fraud and boost the accuracy of E-Verify.  According to USCIS, more than 80% of employees present a driver’s license as a List B document when completing the Form I-9.
  • The Handbook for Employers (M-274) was updated again this year.  Make sure you have the latest version with an April date by clicking here.  The handbook is a good resource to assist with completing the Form I-9 and should be a part of a company’s immigration compliance binder.