The Social Security Administration (SSA) has announced that it will soon end a policy, extending the date employees can attempt to resolve Tentative Non-Confirmations (TNC) under the E-Verify program. The SSA has stated that beginning July 15th, 2022, this extended date for determining a mismatch between the provided Social Security number and SSA records will close.
The E-Verify system introduced accommodation that permitted employees additional time to resolve TNCs early in the COVID-19 pandemic. This accommodation was in response to the closure of the SSA’s public-facing offices. With SSA offices reopened to the public, the extended deadline is now unnecessary, which explains why the SSA is calling an end to this accommodation as of July 15th. This reversal means employees will have eight federal work days to begin the process of resolving an SSA mismatch.
For E-Verify cases referred to the SSA between March 2nd, 2020, to July 14th, 2022, the extended deadline for resolution will apply. The specific deadline to take action will depend upon the date of referral. However, the absolute deadline will be September 29th, 2023, to avoid a Final Non-confirmation, according to the announcement.
For employers, if a submitted E-Verify inquiry returns with a TNC, the employer must notify the employee at the earliest possible time. Once the employee knows the TNC, they may decide whether to contest the non-confirmation. The employee should acknowledge this decision on the Further Action Notice, sign and date it, and the employer should make E-Verify aware of the decision.
When contesting the mismatch, the employee must refer the TNC to the appropriate agency or agencies. The agency may be the SSA, the Department of Homeland Security (DHS), or both. Regardless, employers must refer the case within ten federal working days of the original issuance of the mismatch. At no point during the time an employee is contesting a TNC can an employer take adverse action, including denial of pay, delaying a start date, or any other way limiting their employment. This timeframe includes any time the case is pending with either the DHS or SSA.
If the employee chooses not to contest a TNC, then the issue is complete and can be terminated by their employer. First, however, the employer must log the adverse action and inform E-Verify of the decision.
As changes like these show, it can be challenging to keep abreast of the ever-shifting regulations regarding the employment eligibility process. One of the best ways to help hiring personnel keep on top of everything is to invest in an electronic I-9 management system with E-Verify compatibility. This system seamlessly integrates with the E-Verify system, efficiently managing and securely storing documents and forms in one place.
When it comes to your employees, automation makes eligibility verification quick and simple. Ensure compliance today with I-9 Compliance.