In an effort to reduce the number of mismatches, or Tentative Non-Confirmations (“TNCs”), foreign nationals and employers may be relieved to know that last month U.S. Citizenship and Immigration Services (“USCIS”) began incorporating Department of State (“DOS”) passport data into the E-Verify system.
Such efforts were prompted by an evaluation of the E-Verify program conducted in September 2007, which confirmed that the system is not without its faults — that foreign-born citizens are more likely to receive mismatch notices, or TNCs, many times in error, prompting an “authorized” foreign worker, or his/her employer, to resolve a mismatch issue unnecessarily.
With the addition of the DOS data, if the Department of Homeland Security (“DHS”) or the Social Security Administration (“SSA”) is unable to confirm one’s work eligibility immediately through the E-Verify system, USCIS can now crosscheck DOS records prior to issuing a TNC. If the citizenship information provided on the Form I-9 matches those records, the E-Verify system should confirm that individual’s work authorization. Prior to the recent upgrade, the system would issue a TNC, requiring a potentially authorized worker, or his/her employer, to resolve the mismatch issue.
As a result of the incorporation of this information, USCIS reports the numbers of TNCs have been reduced overall.
As the E-Verify system is clearly not without its faults, business owners and managers should be careful to consider the terms and conditions of the Federal Government’s Memorandum of Understanding before deciding whether to enroll in the E-Verify program.