One of the primary complaints about the E-Verify program is the significant number of mismatches regarding foreign-born U.S. citizens. An evaluation of the E-Verify program conducted in September 2007 indicated that foreign-born U.S. citizens were more likely to receive tentative nonconfirmations ("TNC") than native-born U.S. citizens. A TNC occurs when the E-Verify system cannot confirm the individual is authorized to work and that secondary verification by the government is required.
To increase the accuracy of the E-Verify program, U.S. Citizenship and Immigration Services (USCIS) incorporated passport data from the Department of State (DOS) in February 2008. By adding this data, USCIS is able to access DOS records to determine if the citizenship information provided on the Form I-9 (Employment Eligibility Verification form) matches DOS records. USCIS has indicated that approximately 300 TNCs have been prevented since February 2009 due to the enhancement.
Additionally, foreign born U.S. citizens who receive TNCs are now able to call USCIS directly as opposed to having to visit a Social Security Administration office to resolve their cases. Of those who have contacted USCIS directly, USCIS reports that 90 percent have led to a final determination of "work authorized" over the phone.