Despite SSA offices being closed to the general public due to COVID-19, employers are still obligated to update and close E-Verify cases if possible. However, employers should not take any adverse action against an employee during extended periods of time while an E-Verify case remains in an interim case status.
According to the USCIS, employers must continue to:
- Notify their employees as soon as possible about their TNC results using the Further Action Notice. Employees will use this document to indicate their decision to take action on the TNC;
- Confirm the employee's decision in E-Verify within 10 federal government workdays from the date that the TNC was issued;
- Click "Refer Case" in E-Verify for employees who choose to take action to resolve their TNC; and
- Close the cases of employees who choose not to take action on their TNCs.
Additionally, if an employee received a TNC but no longer works for you, employers must continue to update and close their cases, if applicable:
| If your employee no longer works for you but received a TNC and the case was: | Then: |
|---|---|
| Referred to SSA | You must wait for E-Verify to update the employee's case so that you can close it in E-Verify. |
| A dual TNC referred to SSA and DHS | You must wait for E-Verify to update the employee's case so that you can close it in E-Verify. |
| Not referred to SSA or DHS because the employee chose not to take action or did not respond within 10 days of you notifying them of their TNC | You should close the case in E-Verify. |
Posted: September 21, 2021