Question

What if E-verify provides a tentative non-confirmation of the employee's authorization?

a) Proceed with hiring
b) Reject the application
c) Wait for another verification
d) Request more documents

Answer 1

When E-verify issues a tentative non-confirmation of an employee's authorization, the employer should request more documents from the employee. The employer is required to notify the employee and give them the opportunity to resolve the issue. The employee cannot be terminated or penalized while contesting the TNC.

Step-by-step explanation:

If E-verify provides a tentative non-confirmation (TNC) of the employee's authorization, the correct step is to request more documents from the employee and allow them to contest the TNC. An employer must notify the employee about the TNC and provide them with instructions on how to proceed. The employee should be given an opportunity to contact the Department of Homeland Security (DHS) or Social Security Administration (SSA), as appropriate, to challenge the TNC and provide the correct information. It's important to avoid taking adverse action against the employee, such as firing or suspending them, based on a TNC during this time.

When dealing with the issue of imperfect information, a job seeker might reassure a potential employer by providing additional documentation or references, undergoing additional background checks, or offering a trial employment period to demonstrate their capabilities. These measures can help an employer make a more informed decision while complying with legal obligations and respecting the rights of employees.

Answer 2

When E-verify issues a tentative non-confirmation, the employer should request more documents from the employee and provide instructions on how to contest the TNC. The employee has a period to resolve the issue with the relevant agency before any action is taken by the employer.

Step-by-step explanation:

If E-verify provides a tentative non-confirmation (TNC) for an employee's authorization, the correct step is to request more documents from the employee. The employer must inform the employee of the TNC and provide written instructions on how to contest the TNC if the employee chooses to do so. The employee will then have eight federal government workdays to contact the relevant agency and resolve the issue.

An employer may not take any adverse action against an employee, such as delaying training, reducing work hours, or terminating employment, based on a TNC until the E-verify case results in a final non-confirmation. If an employee decides not to contest the TNC, or if it turns into a final non-confirmation, the employer may then proceed with termination of employment based on E-verify results.