RTOHQ: The Magazine, May-June 2017

employee can contest the finding or if he knows that he is seeking employment illegally he may just go away at this point If the TNC is challenged the company must refer the matter to the agency from whose database the discrepancy occurred DHS or SSA and print out a form letter or email to give to the employee see sidebar 3 The employee has eight federal government working days to resolve the issue during which time the employer can 14 RTOHQ The Magazine take no action against the new hire The program will send a notice to the company if the employee is successful in clearing up the discrepancies with an Employment Authorized notice and verification number Otherwise the program will return a Final Nonconfirmation FNC upon which the company must terminate the employee if use of E Verify is mandatory in that state ince the E Verify program has been in use for a while a fair question to ask is whether running your employees information through the two federal databases is really effective in weeding out those without permission to work in the U S According to USCIS statistics for fiscal 2017 988 percent of employees submitted to E Verify get Employment Authorized notices the first time around either instantly or within 24 hours This means that 12 percent get TNC notices Out of that group 016 percent get the mismatch cleared up and are authorized to work within the eight day period When its all tabulated 102 percent of the employees run through the system ultimately are denied employment There were more than 8 million files sent through the program during the period in which these numbers were recorded There have been efforts for some time to make the E Verify program mandatory for the entire country 2 Further Action Notice Tentative Nonconfirmation This is a sample of the form issued by the Department of Homeland Security if an employees information submitted to the E Verify program requires further action before his or her employment status can be confirmed The top section of the form omitted here includes the employees basic information name address Social Security number etc The form also includes information addressed directly to the employee see sidebar 3 instructions employee rights etc also omitted here Review this Further Action Notice in private with the employee as soon as possible Important If the employee does not speak English as his or her primary language or has a limited ability to read or understand the English language also provide the employee with a translated version of this Further Action Notice Translated versions are available in the View Essential Resources section of the E Verify website portal If the employee cannot read this document for some other reason provide the information in an alternative format Check that all of the information at the top of this Further Action Notice is correct If this information is incorrect close this case in E Verify and create a new case with the correct information Ask the employee to indicate whether he or she will contest the DHS Tentative Nonconfirmation by signing and dating this Further Action Notice and then sign and date below as the employer Give the employee a copy of the signed Further Action Notice in English and a translated version if appropriate and attach the original to the employees Form I 9 Log in to E Verify and search for this case using the information above Follow the instructions in E Verify to refer the case to the Department of Homeland Security if the employee contests the notice or close the case if the employee does not contest it If the employee chooses not to contest this Further Action Notice you may terminate his or her employment and close the case in E Verify Important If the employee contests the Further Action Notice refer the case to the Department of Homeland Security print the referral date confirmation from E Verify provide it to the employee and instruct the employee to contact DHS within eight federal government working days as specified in the referral date confirmation For photo mismatches only Complete this Further Action Notice and send a copy of it with a copy of the employees photo document to DHS Either attach and submit a digital copy of the photo document in E Verify or send a paper copy to DHS via an express shipping carrier of your choice Do not send the copies through regular United States Postal Service mail Make a digital copy of the employees photo document e g with a scanner or a camera and save it to your computer Then attach and submit the copy in E Verify The remainder of the form provides instructions to the employee and outlines his or her rights