The TNC Checklist

Responding to a Tentative Non-Confirmation

The E-Verify system has returned a “Tentative Non-Confirmation” (TNC) for your new hire. A TNC does not necessarily mean that your new hire is not eligible to work. You should take no employment action at this time, based solely on the fact that we received a TNC.

A Tentative Non-Confirmation means that E-Verify was unable to match the information on Form I-9 with government records. A TNC can be issued for many reasons:

  • We made a data entry error (ie., the form was difficult to read);
  • You made an error entering I-9 info into our system;
  • The employee made an error in Section 1;
  • The employee’s name or citizenship status has changed recently;
  • The employee is not yet authorized to work.

When E-Verify issues a TNC, your new hire has certain appeal rights. To avoid terminating an employee incorrectly and a potential claim of employment discrimination, you must follow the steps below. Failure to resolve a TNC correctly can also result in your company being barred from using E-Verify.

1. Review the info at the top of the Further Action Notice (FAN) for errors. If errors found, complete the TNC Checklist.

2. If no errors, meet with the employee to review the FAN.

3. Require the employee to decide whether or not to “take action” (contest) the TNC.

4. Require the employee to sign the FAN.

5. Give the employee a copy of the signed FAN and instruct him/her to follow the instructions.

6. Complete the TNC Checklist to notify us of the employee’s decision.