Form I-9 "No Match Letters" - Correct Corrective Action

The Department of Homeland Security (DHS) on January 24th announced forfeitures, each in the amount of $2 million dollars, for two companies as a result of Form I-9 non-compliance. Both companies received multiple Tentative Non-Confirmation (TNC) notices or "no match letters" through E-Verify and "failed to take corrective measures" thus continuing to employ undocumented aliens.

What is the correct corrective action for employers?

1. Notify employee of the TNC - Print the TNC and follow the employee notification instructions provided on the printed form. NOTE - In some cases E-Verify will prompt you to provide a copy of the employee's photo document.
2. Determine and document the employee's decision to contest on the printed TNC - Both Employer and Employee must sign and date.

• If "yes" then "continue" the case and follow instructions to refer to the appropriate agency - Social Security Administration (SSA) or Department of Homeland Security (DHS).
• If "no" then "close" the case by indicating whether the employee is still employed* and select the appropriate closure statement. Retain the verification number.
2. Provide referral letter to employees wishing to contest - Print the Referral letter (SSA or DHS), follow the referral letter instruction provided and ensure signature and date by both employer and employee. Employee has eight Federal working to contact the appropriate agency to resolve the non-confirmation.
3. Where requested, submit a copy of employee's photo document as instructed.
4. Check E-verify for updated case results and follow instructions provided.
5. "Close" the case by indicating whether the employee is still employed* and select the appropriate closure statement. Retain the verification number.

* no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. If an employee chooses not to contest a TNC, the employer may terminate the employee based on E-Verify without civil or criminal liability.

THOMAS HOUSTON associates, inc. provides assistance in Form I-9 compliance. For more information on our Form I-9 Audit/Assessment, Self-Paced On-line training or Form I-9 Toolkit, please visit our website, call 1 (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.

This information is intended to be educational and should not be considered legal advice on any specific matter.