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E-Verify Extends Social Security Mismatch Timeframe in Light of Coronavirus (COVID-19)

On Saturday, the United States Citizenship and Immigration Services (USCIS) issued new E-Verify guidance for employers in response to the COVID-19 pandemic that has been upending both personal and professional life as we once knew it. This latest update follows last Friday’s extraordinary Form I-9 announcement from Immigration and Customs Enforcement (ICE), allowing remote employers to conduct a virtual verification of the I-9 documents during the coronavirus outbreak. In case you missed it, you can read all about it here.

E-Verify’s update is primarily centered around Tentative Nonconfirmations (or TNCs), which in laymen’s terms is when the E-Verify system detects that the employee’s information submitted from the Form I-9 does not match government records. A TNC can originate from either the Social Security Administration (an SSA TNC) or from the Department of Homeland Security (a DHS TNC) depending upon where the mismatch is occurring.

In either scenario, an employee who decides to contest the TNC must usually make contact with the government office (either SSA or DHS) within 8 federal government working days. Employees with SSA TNCs need to visit a local SSA office; DHS TNCs can usually be resolved over the phone. Failure to make contact within the 8-day period can lead to a Final Nonconfirmation from the E-Verify system and termination of employment.

Even in the best of times, TNCs can be a hassle for the new hire, especially when it turns out that there was some data issue (or error) in the government systems. But in a COVID-19 world, resolving TNCs can be downright impossible due to the recent closures of all SSA offices nationwide. In response, E-Verify is now extending the timeframe to resolve the TNC for an indefinite period, and noting that employers cannot take any adverse action while a case is in an “Interim” status.

E-Verify also reminded employers that new cases must still be submitted within 3 days of hire. Here’s what you need to know:

New Cases

Employers are still required to create cases for their new hires within three business days from the employee’s start date (what they call the “hire date”). Employers must use the hire date from the employee’s Form I-9 when creating the E-Verify case. If case creation is delayed due to COVID-19 precautions, the employer should select “Other” from the late reasons drop-down list and enter “COVID-19” as the specific reason.

TNCs

If you receive a TNC after E-Verify submission, you’re still required to notify your employee as soon as possible so they can decide whether to take action (i.e., contest) the TNC, as documented on the Further Action Notice, and transmitted to the E-Verify system. Employees who choose to take action to resolve a TNC will then be referred to SSA and/or DHS as usual.

This is where the change occurs (as a result of COVID-19): E-Verify is automatically extending the timeframe to take action to resolve SSA TNCs due to SSA office closures to the public. E-Verify is also extending the timeframe to take action to resolve DHS TNCs in limited circumstances when an employee cannot resolve a TNC due to public or private office closures.

E-Verify also reminded employers that they may not take any adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status. Interim case results include Tentative Nonconfirmation, Verification in Process, and Case in Continuance.

E-Verify Customer Support

E-Verify is also informing the public that their “Contact Center” representatives are still available, and employers can engage in the following activities:

  • Enroll in E-Verify
  • Create E-Verify cases
  • Add, delete or edit any user account
  • Reset passwords
  • Edit company information
  • Terminate accounts
  • Run reports or view any information about an account or case.

E-Verify Web Services 

It’s also worth noting that E-Verify web services are also still available, permitting employers using electronic I-9 and E-Verify systems to seamlessly transmit Form I-9 information to E-Verify, electronically process TNC, and other manage E-Verify cases (including reports).


About John Fay

John Fay is an immigration attorney and technologist with a deep applied knowledge of I-9 compliance and E-Verify rules and procedures. During his career, John has advised human resource managers and executives on a wide variety of corporate immigration compliance issues, including the implementation of electronic I-9 systems. In his current role, John serves as President at the LawLogix division of Hyland Software, Inc., where he oversees all aspects of the division’s operations and provides strategic leadership and direction in the development and support of Form I-9, E-Verify, and immigration case management software solutions.

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