E-Verify is extending the timeframe in which employees must contact the Social Security Administration (SSA) or Department of Homeland Security (DHS) in response to a Tentative Nonconfirmations (TNCs) in limited situations arising from COVID-19 precautions.  The standard 8 federal business day deadline in which to establish contact with SSA or DHS to begin resolving a TNC will be extended where the employee cannot resolve a SSA TNC due to SSA office closures to the public or where the employee cannot resolve a DHS TNC due to public or private office closures. 

Under this new temporary policy, E-Verify employers should: 

1. Continue to create E-Verify cases for new hires within three business days from the date of hire. 
2. Use the hire date from the employee’s Form I-9 when creating the E-Verify case. If case creation is delayed beyond the required three business days due to COVID-19 restrictions, select “Other” from the drop-down list and enter “COVID-19” as the specific reason the case could not be timely created. 

E-Verify also has provided guidance for the E-Verify employer and the employee if a TNC (tentative nonconfirmation) is received while COVID-19 precautions are being taken.  Continue to follow the procedures for TNC, including the employer downloading and printing the Further Action Notice and privately notifying the employee about the TNC result as soon as possible.  If the employee decides to take action, the employee must visit a SSA field office and/or contact DHS present the Further Action Notice and applicable original documents listed on the Further Action Notice within 8 federal government working days unless such action is impossible due to COVID-10 related office closures. 

E-Verify employers are reminded 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.  Employers should expect that cases might be in interim status longer than unusual and that it may take more than 8 federal government working days for an employee to establish contact with SSA and or DHS as a result of office closures related to COVID-19. 

Foster will continue to track developments related to the Form I-9 and E-Verify and will make future updates available in Immigration Updates© and on our website at www.fosterglobal.com.