E-Verify issues three types of Tentative Non-Confirmations (TNCs):
- DHS Tentative Non-Confirmation
- DHS DMV Tentative Non-Confirmation
- SSA Tentative Non-Confirmation
A Department of Homeland Security (DHS) TNC will be issued when the new hire’s name, date of birth or document information does not match DHS records. DHS TNCs are most commonly issued for problems with List A documents.
A DHS DMV TNC is issued when the employee’s List B document (state-issued driver’s license or ID card) information does not match the state Department of Motor Vehicles (DMV) records.
A Social Security Administration (SSA) Tentative Non-Confirmation will result if the name and/or date of birth entered by the new hire on the I-9 form do not match SSA records.
IMPORTANT: You must never terminate an employee because of a Tentative Non-Confirmation. It is a violation of the MoU; the terms by which you use the E-Verify system. To do so is to risk terminating a work-authorized individual.
The most common mismatch for US citizens occurs when a now-married female has not updated her name with the SSA. If you receive a TNC for a female citizen, this may be the cause. Do not resubmit using the employee’s maiden name! Under penalty of perjury, the new hire must write her current legal name in Section 1. The new hire can resolve the problem quickly when she contacts the SSA according to the instructions in the TNC Further Action Notice.
Tips for Avoiding Tentative Non-Confirmations
Write clearly! A large majority of TNCs received for employees who are ultimately deemed work-authorized result from our inability to read your or the employee’s handwriting.
Check your numbers! Many TNCs are the result of copying a driver’s license number or other document number incorrectly from the ID to Section 2 of Form I-9.
Review Section 1. Is the info in Section 1 readable? Did the employee select the correct citizenship status? (Very few individuals are “non-citizen nationals,” for example.) Did the ID match the citizenship status? (A lawful permanent resident will not present an Employment Authorization Document (EAD).) Did the Hispanic new hire write both surnames (if applicable) in Section 1? Does the information in Section 1 (DOB, SSN) match the identification document(s)?
Tips for Your New Hire
- Print your full legal name in Section 1 of Form I-9.
- If you have two last names (family names), include both. If you hyphenate your last name, include the dash (-) between the names.
- If you have two first names (given names), include both.
- Do not use nicknames. For example, if your full legal name is Thomas Smith but you use the nickname Tommy Smith, enter Thomas Smith not Tommy Smith.
- Make sure your name is written the same way on all of your documents. Your employer may question documents that have different spellings or parts of your name missing.
- If your full legal name includes apostrophes (‘) or dashes (-) make sure you include these when completing Section 1 of Form I-9. For example, if your full legal name is Bri’ Anna Jean-Baptiste, make sure that you use all of the punctuation.
- Include your maiden name, if applicable.
- Make sure you write your date of birth in the month/day/year format. For example, May 1, 1968 must be written as 5/1/1968.
Additional Tips to Avoid a Mismatch:
- Make sure your documents and records are up-to-date before it is time to complete your Form I-9.
- If you have changed your name, make sure that you inform the Social Security Administration (SSA).
- If there is a spelling error on your document, contact the agency that issued the document to correct the error.
- If the date of birth on your document is not correct, contact the agency that issued the document to correct the error.