Resolving and Closing Tentative Non-confirmation EEV Cases

The Tentative Non-Confirmation (TNC) status is sent from the SSA and/or the DHS when the information submitted to E-Verify does not initially match the information in the SSA or DHS databases. A SSA Tentative Non-confirmation (TNC) case result may occur because the employee’s:

• Name, SSN, or date of birth is incorrect in SSA records.
• Name change was not reported to SSA.
• Citizenship or immigration status was not updated with SSA.
• SSA record contains another type of error.

A DHS Tentative Non-confirmation (TNC) case result may occur because the employee’s:

• Name, A-number, and/or I-94 number are incorrect in DHS records.
• ID photo differs from the photo in DHS records.
• Information was not updated in his/her DHS records.
• Citizenship or immigration status changed.
• Record contains another type of error.

The employer may not fire, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee based on the employee’s decision to contest TNC or while their case is still pending with the SSA or the DHS.

To Resolve or Refer the Tentative Non-confirmation EEV Case

1. From the EEV Case Details page, carefully review the SSA Verification Information section and update the information that displays in the SSA Verification Information fields as necessary.
2. Click Continue Verification. The Case Details page refreshes and the Initial Eligibility field displays the SSA TNC or DHS TNC message with the reason for the TNC.



Case Details - Initial Eligibility of TNC

3. Click View EEV Letters. The View EEV Letters pop-up displays, which you can use to obtain a copy of the SSA Tentative Non-confirmation Further Action Notice letter or DHS Tentative Non-confirmation Further Action Notice letter, along with any other letters related to the EEV case.



View EEV Letters

4. From the View EEV Letters pop-up, click the English or Spanish buttons to access the English or Spanish version of the SSA Tentative Non-confirmation Further Action Notice letter or DHS Tentative Non-confirmation Further Action Notice letter. The letter opens as a PDF file within a separate browser window, and you can save or print the file as necessary.



SSA Tentative Non-confirmation Further Action Notice Letter

5. Provide the employee with the SSA Tentative Non-confirmation Further Action Notice letter or DHS Tentative Non-confirmation Further Action Notice letter, request for the employee to indicate whether they want to contest the TNC, and then instruct the employee to sign the English version of the letter. After the employee signs the English version of the notice, you, as the Employer’s Representative, should also sign the letter.

You should also retain the copy of the original SSA Tentative Non-confirmation Further Action Notice letter or DHS Tentative Non-confirmation Further Action Notice letter, in addition to the copy you give to the employee. If the employee opts to contest the response, you must refer the employee to the SSA or DHS to resolve any discrepancies on their record. The employee has 8 Federal Government workdays from the date of referral to resolve the discrepancies by visiting their local SSA office.

6. Click Initiate SSA Referral or Initiate DHS Referral to refer the employee. The Case Details page refreshes to display the Notification of Non-Confirmation Notice section, which includes instructions to indicate that you should discuss the TNC with the employee prior to submitting the referral and includes a question to confirm whether the employee has been notified of the TNC notice.



Case Details - Notification of Non-Confirmation Notice

7. Do one of the following as necessary:
• Click Notified to indicate that the employee has been notified. The Case Details page refreshes to display the SSA Referral Response section.
• Click Not Notified to indicate that the employee has not been notified. If you click Not Notified, you are redirected back to the initial Case Details page and the case referral transaction is canceled. The reason for this is that you must notify the employee before you refer the case to the SSA.
8. From the SSA Referral Response section of the Case Details page, click View EEV Letters to access the SSA Referral Date Confirmation or DHS Referral Date Confirmation letter for the referral.



View EEV Letters

9. Click the English or Spanish buttons to access the English or Spanish version of the referral letter, respectively. The letter opens as a PDF file within a separate browser window. Once the letter displays, you should print the letter, and then sign and date the letter as the Employer’s Representative. Once this is complete, you should provide the employee with the printed and signed copy of the letter and instruct them to take the letter with them to the SSA or DHS.

The employee must bring the English version of the SSA Referral Date Confirmation letter to the SSA. You should also retain a copy of the SSA Referral Date Confirmation letter for your records.

To Initiate an SSA Resubmittal and Close the Tentative Non-Confirmation EEV Case

For SSA referrals, the employee has 8 Federal Government workdays from the date of the referral to resolve the discrepancies by visiting the local SSA office. The SSA has 10 Federal Government workdays to update the case result. The Expect Gov’t Response field displays the date by which the SSA should provide an update for the case. You can check EEV/E-Verify system periodically for an update in the case result. You can use the following procedure to resubmit the SSA referral as necessary.

1. From the Case Details page, click Initiate SSA Resubmittal. The Case Details page refreshes to display the Enter SSA Resubmittal – Modify SSA Information section.



Case Details - Enter SSA Resubmittal - Modify SSA Information

2. Review the Enter SSA Resubmittal – Modify SSA Information section carefully, make any needed changes, and then click Submit SSA Resubmittal.
3. Click Close Case. The Case Details page refreshes to display the Enter Case Resolution section with the Is (Employee Name) currently employed with this company? field.



Case Details - Enter Case Resolution

4. From the Case Resolution section of the Case Details page, select the Yes or No radio button in response to the Is (Employee Name) currently employed with this company? field. The Case Details page refreshes to display the Select the appropriate statement and click Close Case field.

In some cases, a problem may occur during when determining eligibility with the SSA or DHS. In these cases, the Enter Case Resolution section on Case Details page refreshes to display a single radio button with the statement “This case is being closed because of technical issues with E-Verify." Under these circumstances, you must close the current case and then resubmit a new EEV/E-Verify case for the employee by reassigning the Form I-9 completion task to the employee.



Case Details - Enter Case Resolution

5. Select the radio button of the appropriate closure statement option from the Select the appropriate statement field.
6. Click Close Case.

The case will be closed with a Final Result of Employment Authorized, Final Non-confirmation, or additional verification will be required.

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