COVID-19 and Social Security Administration Tentative Nonconfirmations (SSA TNC) FAQ
COVID-19 & SSA TNC FAQ
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When will the Social Security Administration and E-Verify end the indefinite extension of the contestation period for SSA TNC cases?
- On July 5th, 2022 E-Verify announced that the Social Security Administration (SSA) has resumed E-Verify operations. Starting July 15, 2022, employees whose E‑Verify cases are referred to SSA to contest an SSA TNC on or after July 15, 2022, will have the normal 8 federal working days to contact their local SSA office to begin resolving the mismatch. However, the contestation period extensions will remain in place for these E-Verify cases until 09/29/23. E-Verify is recommending that employees who received SSA TNCs and were referred between 03/02/20 and 07/14/22 visit their local SSA offices to contest the TNC based on the below schedule.
If the date on the employee’s Referral Date Confirmation is:
Your Employee should contact SSA between:
March 2 to December 31, 2020
October 1 to December 31, 2022
January 1 to December 31, 2021
January 1 to March 31, 2023
January 1 to July 14, 2022
April 1 to June 30, 2023
- On July 5th, 2022 E-Verify announced that the Social Security Administration (SSA) has resumed E-Verify operations. Starting July 15, 2022, employees whose E‑Verify cases are referred to SSA to contest an SSA TNC on or after July 15, 2022, will have the normal 8 federal working days to contact their local SSA office to begin resolving the mismatch. However, the contestation period extensions will remain in place for these E-Verify cases until 09/29/23. E-Verify is recommending that employees who received SSA TNCs and were referred between 03/02/20 and 07/14/22 visit their local SSA offices to contest the TNC based on the below schedule.
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How is the COVID-19 Pandemic impacting the referral and processing of SSA TNCs?
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Unfortunately, due to the COVID-19 Pandemic, the SSA (Social Security Administration) closed or limited access to most of its field offices, and SSA usually requires employees who receive TNCs to physically visit their offices between March 2, 2020 and July 14, 2022. Because of this USCIS E-Verify has indefinitely extended the contestation period for SSA TNC cases referred between March 2, 2020 and July 14, 2022 and is not currently issuing No Show results. This means no action can be taken on a SSA TNC cases referred between March 2, 2020 and July 14, 2022 until either the SSA updates it, or until September 29, 2023 when E-Verify will start issuing No Show results for these cases.
As of 10/06/23 E-Verify has not updated all SSA TNC cases referred between March 2, 2020 and July 14, 2022 with No Show Final NonConfirmation results. Tracker I-9 Support contacted USCIS E-Verify Support on 10/02/23 and the only statement they are providing at this time is that they don't know when all cases will be updated by.-
More information on E-Verify and the Social Security Administration's temporary policy can be found here: E-Verify EXTENDS TIMEFRAME FOR TAKING ACTION TO RESOLVE TENTATIVE NONCONFIRMATIONS
https://www.e-verify.gov/about-e-verify/whats-new/e-verify-extends-timeframe-for-taking-action-to-resolve-tentative -
Additional updates and announcements from E-Verify can be found here: E-Verify What's New
https://www.e-verify.gov/about-e-verify/whats-new
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How should we handle employees who have been terminated since their SSA TNC was referred and haven't received a final result?
- Unfortunately, since E-Verify will not allow the case to be closed until the SSA updates it with a final result, you will not be able to cancel or close the case. However, you may still terminate the Form I-9 record. In addition to terminating the I-9, we would also recommend recording an audit note explaining that the employee has left your company, but you cannot close the open E-Verify case yet due SSA COVID-19 office closures delaying case status updates. Please be aware that after being terminated the Next Action for the I-9 record will still remain as E-Verify until the SSA updates the case and it is closed.
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My employee already visited their local SSA office before October 1st, 2022, but the case has not received a Final result yet, what can we do?
- If the referred SSA TNC e-Verify has not received a Final result it means the SSA has not updated the case with a Final result. For employee's who visited an SSA office before October 1st, 2022 E-Verify is recommending that they visit their local SSA office again based on the schedule above.
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How should current active employee's with referred SSA TNC E-verify cases be handled?
- For current active employees with SSA TNC cases that were referred referred between March 2, 2020 and July 14, 2022; we recommend they still contact their local SSA office regarding the TNC to see if they can make an appointment to visit the office and address it, if they have not done so already.
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If my employee has NOT received a final result for their referred SSA TNC E-Verify case yet, should I terminate them or delay their start date?
- No, per USCIS E-Verify, Employers may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee because of the TNC, until the TNC becomes a Final NonConfirmation (FNC).
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Can a referred SSA TNC case be un-referred?
- Unfortunately no, E-Verify does not allow for action like TNC referrals to be undone. Once a TNC case has been referred you as the employer will not be able to take any further action until after the employee contact the agency who issued the TNC (SSA and/or DHS) to update the case with a final result.
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Can we close a referred SSA TNC case?
- Unfortunately no, E-verify does not allow referred TNC case to be closed. Once a TNC case has been referred you as the employer will not be able to take any further action until after the employee contact the agency who issued the TNC (SSA and/or DHS) to update the case with a final result.