Further Action Notice Must Be Completed If Employee Receives Tentative Nonconfirmation
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.
The US Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS), in conjunction with the Social Security Administration (SSA) operates an electronic system that allows employers to verify the employment eligibility of newly hired employees. The system, which is free of charge, is known as E-Verify. Effective with new contracts awarded after September 8, 2009, most federal contractors and sub-contractors will be required to use E-Verify to confirm the employment status of newly hired employees and current employees who are classified as “employees assigned to the contract.” Contact Vision Payroll if you have any questions on this process.
The United States Citizenship and Immigration Services (USCIS), a component of the United States Department of Homeland Security (DHS) has announced a delay in the implementation of the revised Form I-9, Employment Eligibility Verification, but you shouldn’t delay in learning what you need to know about the rule changes that the new form will bring.
This month’s featured article on MyHRSupportCenter covers the basics of the form, revisions to the form including newly acceptable documents and documents that are no longer acceptable, and how the delay impacts use of the current and revised forms.
To learn more, sign into MyHRSupportCenter and read this month’s featured article. If you’re not yet signed up or would like a free trial of MyHRSupportCenter, contact Vision Payroll today.
The United States Citizenship and Immigration Services (USCIS), a component of the United States Department of Homeland Security (DHS), announced recently that it would delay “the implementation of an interim final rule entitled ‘Documents Acceptable for Employment Eligibility Verification’ published in the Federal Register on Dec. 17, 2008.”
The delay allows the DHS time to reconsider the rule and also accept additional public comments since the public comment period has been reopened until March 4, 2009.
The revised version of the Form I-9, Employment Eligibility Verification, that was to become effective February 2, 2009 has been delayed 60 days until April 3, 2009 pending implementation of the interim final rule.
Contact Vision Payroll if you have any questions on the interim final rule and the revised Form I-9.