Monday, July 1, 2013

E-Verify to Send Employees with I-9 E-mail addresses TNC information

The 2013 Form I-9 contains an optional field for employees to provide their email addresses.  Once voluntarily provided by the employee in section 1 of the I-9 form, USCIS has directed that employers must supply that email address when inputting  E-Verify information. If the email address information is left blank,  employers should not provide that information.

On July 1, 2013, USCIS has now informed the public what that email information will be used for.  It will allow the USCIS notify an employee directly with regard to a  Tentative Nonconfirmation (TNC). TNCs occur when the information an employer provides to E-Verify about an employee does not match data found in either U.S. Department of Homeland Security or Social Security Administration records. To date, employees learned of TNCs only through their employers. Now, if an employee voluntarily provides his or her email address on the new Form I-9, the employee will be notified by USCIS directly through that email address.

E-Verify member employers are cautioned that this email TNC service does not satisfy the employer's duty of directly providing the employee notice of the TNC, as required by the E-Verify Memorandum of Understanding. The employer must "promptly" notify the employee of the DHS or SSA Tentative Nonconfirmation (TNC) case result in person, by fax, e-mail, or overnight or next-day delivery service.