Immigration has provided guidance to E-Verify employers regarding how to handle a Tentative Nonconfirmation (“TNC”) while government offices are closed due to COVID-19. If an employer receives a TNC from E-Verify for a New Hire, and, the New Hire contests the TNC, the employer should continue to employ the New Hire while the case is in extended interim case status. This means that the employee will not be required to resolve the issue within the normal eight business day period due to the closure of Social Security Administration and Immigration offices. When offices reopen, the eight-day period will begin to run.
Immigration also indicated that while E-Verify is not relaxing its time requirement that the E-Verify case be created within three business days of the date of hire, if the case opening is delayed due to COVID-19 precautions, the employer should select “Other” from the drop down list of reasons for opening the case late and then type in “COVID-19” as the specific reason.
Since legal developments pertaining to COVID-19 are constantly evolving, we recommend that our clients call the Kullman Firm attorney(s) with whom they work for the most current guidance on these matters.