By: Bruce Buchanan, Sebelist Buchanan Law

First, E-Verify is extending the timeframe to take action to resolve Social Security Administration (SSA) or Department of Homeland Security (DHS) Tentative Non-confirmations (TNCs) due to SSA or DHS office closures to the public.

However, some things have not changed. You must still notify your employee about their TNC result as soon as possible. After your employee is notified of their TNC and decides whether to take action to resolve the TNC, the employee should acknowledge the decision on the Further Action Notice, and the employer should notify E-Verify of their employee’s decision. Employees who choose to take action to resolve a TNC are referred to SSA and/or DHS.

Since it is likely to take additional time to resolve a TNC, employers may not take any adverse action against an employee because of contesting the E-Verify case during their extended interim case status.

Second, E-Verify has revised another policy. Although employers are still required to create cases for their new hires within 3 business days from the date of hire, if case creation is delayed due to COVID-19 precautions, select “Other” from the drop-down list and enter “COVID-19” as the specific reason.

If you are concerned about your company’s immigration compliance, including E-Verify, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, available at