E-Verify Tentative Nonconfirmation (TNC)

A TNC is a notification that there is a mismatch between the employee’s information submitted to E-Verify and the records in federal databases like the Social Security Administration (SSA) or the Department of Homeland Security (DHS). Addressing a TNC quickly is crucial to maintaining compliance with immigration laws and avoiding potential penalties. 

 A TNC occurs when an employee’s information does not match the government records maintained by SSA or DHS. This mismatch can happen for a variety of reasons, including errors in the information provided on the I-9 form, data entry mistakes, or changes in the employee’s immigration status that have not been updated in the government systems. A TNC does not indicate that the employee is unauthorized to work but requires immediate action to resolve the issue. 

Once E-Verify processes the employee's information, if it finds any discrepancies with the government records, it will issue a TNC notice to the employer. This notification is delivered electronically through the E-Verify system, and employers are required to act promptly upon receiving it. Employers should check their E-Verify account regularly to ensure they do not miss any important notifications. 

Yes, employers who do not follow the proper procedures after receiving a TNC could face severe penalties. The fines can range from $250 to $1,500 per violation for first-time offenses. If the violation is willful or repeated, fines can be as high as $2,000 to $5,000 per violation. Furthermore, employers who have a history of noncompliance with E-Verify may lose the ability to participate in federal contracts, potentially damaging their business operations. 

No, the opposite is true - you save money by using an experienced immigration attorney for your internal I-9 audit. Our fees are comparable to non-legal providers, yet we possess the legal expertise that will bring your I-9 program to full compliance. Non-legal providers do not have the  capacity to mitigate the excessive overreach of ICE worksite enforcement techniques.

Performing self audits is a great way for an employer to maintain I-9 compliance. However, it is best to have your first audit done by a licensed professional. We adhere to established legal standards. Our attorney will help you implement a comprehensive program and will teach your staff how to properly conduct a self audit.