Based on the latest report published by the Government Accountability Office (GAO) on February 10, 2011, 97.4% of employees going through the E-verify system were confirmed as work authorized immediately. However, 2.6% of them received tentative nonconfirmations (TNC). Among them, 2.3% eventually received final nonconfirmations, but 0.3% were later confirmed as work authorized.

The GAO pointed out that while the E-Verify program appeared to be a reliable program, "significant challenges" remain for the E-Verify program. For example, the E-verify program does not account for identity thefts, legitimate name changes, or discrepancies of an individual's names in various documents. In addition, it is difficult for an employee to access their identity and personal information maintained by the Department of Homeland Security in order to correct an erroneous TNC.

We therefore suggest the following pointers for Employers and Employees:

Employers, while the E-Verify program is very helpful, it is not perfect. Please ensure that you continue to follow established policy when an employee receives a TNC and allows the employee to correct the TNC.

Employees, please be consistent in using your names and personal information to demonstrate work authorization. If you have had a name change (e.g. marriage, divorce, receipt of permanent residence, naturalization), please be sure to contact the social security administration (SSA) to update your names in the SSA system, which is one of the systems that E-verify checks.