United States: Extended Timeframe for Resolving Social Security Tentative Nonconfirmations in E-Verify Ends July 15
July 6, 2022
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At a glance
- On or after July 15, 2022, employees whose E-Verify cases are referred to the Social Security Administration (SSA) due to a mismatch of their Social Security Number will once again be required to contact their local SSA office within eight federal working days to begin resolving the issue.
- E-Verify cases referred to SSA between March 2, 2020, and July 14, 2022, will continue to benefit from an extended timeframe for resolution of SSA mismatches.
The issue
The Social Security Administration (SSA) has announced that, starting July 15, 2022, employees will no longer benefit from an extended period to contact SSA to resolve an E-Verify Tentative Nonconfirmation (TNC) concerning a mismatch between their Social Security Number and the agency’s records. For E-Verify cases referred to SSA on or after July 15, 2022, employees will be required to contact their local SSA office within the standard eight federal working days to begin resolving an SSA mismatch.
As previously reported, at the onset of the COVID-19 pandemic, E-Verify extended the timeframe for an employee to take action to resolve an SSA mismatch, due to pandemic-related closures of SSA offices to the public. SSA is now ending this accommodation, effective July 15.
E-Verify cases referred to SSA between March 2, 2020, to July 14, 2022, will continue to benefit from an extended timeframe for resolution of the SSA mismatch, with staggered deadlines depending on the date of the referral to SSA and an absolute deadline of September 29, 2023, as detailed in SSA’s announcement.
E-Verify Tentative Nonconfirmations generally
If your organization’s E-Verify inquiry results in a TNC response, you must notify the employee as soon as possible. After the employee is notified of the TNC and decides whether to take action to resolve it, the employee should acknowledge the decision whether or not to contest the nonconfirmation on the Further Action Notice, and sign and date it. At this point, the employer should notify E-Verify of the employee’s decision. Employees who choose to take action to resolve a TNC are referred to the relevant agency, which may be the Social Security Administration, the Department of Homeland Security (in the event of an immigration document-related TNC), or both agencies as appropriate.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen or the firm’s Government Strategies and Compliance Group.
