By: Bruce E. Buchanan

E-Verify recently announced a new tool, entitled “myUploads”, which is an uploading feature to help employees electronically resolve certain types of Tentative Non-confirmations (TNCs) that occur during the employee verification process. However, this feature is only available to employees, not employers, through the “myE-Verify” portal, a site which enables employees to manage their employment eligibility verification records. Employers are not to require employees to use myUploads or the myE-Verify portal.

In the case of a TNC, the employer must privately notify the employee and provide a Further Action Notice (FAN) to help the employee understand the TNC process, which includes the new option to use myUploads. Then the employee can attempt to resolve the matter through myUploads. E-Verify employers are still required to process and close DHS TNC cases within E-Verify's timelines.

If you want to know more information on immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.