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E-Verify releases myUploads feature for employees to expedite DHS TNC resolution

Last week, E-Verify announced a new document uploading feature to help employees electronically resolve certain types of Tentative Nonconfirmations (TNCs) that may arise during the employee verification process.

The aptly-named “myUploads” enhancement will enable employees to electronically submit their own documents to E-Verify in order to help prove their work authorization.

But there’s a catch. The feature is only available through the “myE-Verify” portal, an “employee-centric” site which enables individuals to manage their employment eligibility verification records and perform related tasks. Employers may not require employees to use myUploads or any of the other tools available through the myE-Verify portal.

So how does this work in practice? And what steps should HR take now in response to this new development? Let’s take a look.

The DHS TNC  

As we’ve discussed in the past, a TNC occurs when information entered from the Form I-9 doesn’t match government records – whether those originate from the Social Security Administration (SSA) or the Department of Homeland Security (DHS).

A DHS TNC can occur for a variety of reasons including the following:

  • The employee’s name, A-number, I-94 number and/or foreign passport number were recorded incorrectly in DHS records
  • The employee’s U.S. Passport, Passport Card, driver’s license or state ID card information could not be verified by DHS
  • Information about the employee was not updated in the employee’s DHS records
  • The employee’s citizenship or immigration status recently changed
  • The DHS record contains another type of error
  • Information from the Form I-9 was not entered correctly by the employer
  • The photo from the employee’s U.S. Passport, Passport Card, Green Card, or Employment Authorization Document did not match

Once a TNC occurs, you must notify the employee of the results (within 10 federal government working days) by providing them with the system-generated Further Action Notice (or “FAN” for short). The FAN briefly explains the mismatch, provides an opportunity for the employee to “take action,” and outlines the steps which need to occur to resolve the issue.

In the case of a TNC that originates from a DHS mismatch, the employee is instructed to contact DHS within 8 federal government working days using the toll-free E-Verify telephone number.

However, as of last week, the DHS FAN letter now includes a new option for the employee to electronically submit documents through the myE-Verify portal (as shown in the highlighted snapshot below):

What is myE-Verify?

The myE-Verify portal has been around for a number of years, developed in response to a request by Congress to provide individuals with an opportunity to check their work authorization status prior to being hired in order to correct database errors and other inconsistencies which may exist in the government records. The portal’s so-called “Self Check” option was first launched a decade ago to provide employees with a little bit of transparency into their own E-Verify process.

Since that time, myE-Verify has added additional self-service options including Self Lock, a tool for managing identity theft; Case Tracker for viewing the status of an E-Verify or Self Check case; and Case History for seeing where and when your information has been used in E-Verify.

This latest enhancement now adds the “myUploads” tool on a user’s myE-Verify dashboard, enabling them to upload documents for a pending DHS TNC case. Upon clicking the myUploads button, the user is prompted to enter their E-Verify case verification number and upload the documents in one of the permissible formats.

Employees should also take note that that they are still required to call DHS after they’ve uploaded their documents – a “manual” step, which perhaps limits some of the time-savings offered by this enhancement. At the very least though, the myUploads feature provides a more secure way for an employee to send sensitive information to DHS when seeking to resolve a TNC.

Action Items for HR Managers and E-Verify Employers

As mentioned above, this new feature is employee-focused, and is not available in an employer’s E-Verify account or through an approved integration with an electronic I-9 platform. Moreover, employers cannot require their employees to use the myUploads feature in the case of a DHS TNC, or for any other reason.

Nevertheless, your HR team should familiarize themselves with this new feature so that they can properly advise and assist employees during the TNC resolution process.

Here are a few recommended “process improvement” steps to consider for your HR team:

  1. Include a brief reference to the myUploads feature in your E-Verify training courses and internal materials for individuals who are involved in the E-Verify TNC process. Emphasize that this is for awareness purposes only, and that verifiers should never require or encourage use of the myE-Verify portal.

 

  1. Review and maintain a copy of the new DHS TNC Further Action Notice Template, which contains the instructions for using the myUploads features. If you have an I-9 and E-Verify procedures document at your organization (which is highly recommended), add the new template as an addendum.

 

  1. Update your TNC “talking points” script that’s used when meeting with an employee in private to discuss a DHS mismatch. For example, you might briefly mention the myUploads feature as an available option, and direct them to the FAN for more information. Make sure to also remind the employee that they still need to call DHS after they’ve uploaded their document(s).

Do you have questions on today’s alert? Or want to know how an electronic I-9 system with integrated E-Verify functionality can help? Please contact us for more information.


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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