Tentative Nonconfirmation (TNC) | Practical Law

Tentative Nonconfirmation (TNC) | Practical Law

Tentative Nonconfirmation (TNC)

Tentative Nonconfirmation (TNC)

Practical Law Glossary Item 9-525-5925 (Approx. 3 pages)

Glossary

Tentative Nonconfirmation (TNC)

In the E-Verify system, a possible response to case initiation, indicating uncertain employment authorization for an employee.
Employers registered in E-Verify submit a case querying Department of Homeland Security (DHS) and Social Security Administration (SSA) databases to verify an employee's work authorization, based on the employee's Form I-9.
A TNC response indicates that either the DHS or the SSA database could not match the employee's name with either the employee's:
  • Social security number (SSN).
  • Employment authorization.
After receiving a TNC, the employer should review the E-Verify case information, and if it is incorrect, should:
  • Correct the information.
  • Resubmit the E-Verify case.
If the information is correct, the employer should promptly:
  • Meet with the employee to review the TNC.
  • Give the employee the opportunity to contest the TNC with the DHS or SSA. If the employee contests the TNC, the employer must:
    • allow the employee eight federal workdays to visit the DHS or SSA; and
    • not take any adverse employment action while the employee is contesting the TNC.
Employers should continue to check the case for a final decision resolving the TNC in the E-Verify system.
For more information, see Practice Note, E-Verify for Employers: Best Practices.