If an employer receives a Department of Homeland Security Tentative Nonconfirmation (DHS TNC) from the US Department of Homeland Security (DHS), the affected employee must complete, sign and return the Further Action Notice. Although the Further Action Notice is available in eighteen languages, the completed and signed version must be the English language version.
Steps for the Employer When a DHS TNC Is Received
If an employer receives a DHS TNC, the employer should take the following steps:
- Review this Further Action Notice in private with the employee.
- Check that all of the information at the top of this Further Action Notice is correct.
- Ask the employee to indicate whether he or she will contest the DHS TNC.
- Give the employee a copy of the signed Further Action Notice in English and attach the original to the employee’s 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 DHS if the employee contests the DHS TNC, or close the case if the employee does not contest the DHS TNC.
Photo Mismatches Require Separate Action
For a DHS TNC received for a photo mismatch only, the Further Action Notice should be sent to DHS with a copy of the employee’s photo document. This can be done either through a digital submission to DHS or delivery by express shipping. Copies are not to be sent using regular United States Postal Service mail.
Know Employee Rights and Employer Responsibilities
Vision Payroll recommends visiting the US Citizenship and Immigration Services (USCIS) website to become familiar with all employee rights and employer responsibilities when working to resolve a DHS TNC.