Most E-Verify cases resolve within a few seconds. The system checks the information against government records, “Employment Authorized” comes back, and nobody thinks about the case again. For smaller employers, that may be the end of the story.
But for staffing firms, healthcare networks, and retailers running seasonal volume, the exceptions can stack up fast. And while E-Verify is a system employers use to confirm employment eligibility, many of the challenges surrounding it start earlier in the Form I-9 process or continue through I-9 compliance after the E-Verify case is closed.
Here’s a look at three compliance challenges that can arise across the I-9 and E-Verify process, and what managing them well requires.
#1: Tentative Nonconfirmation (TNC) response from E-Verify
What is a TNC?
A Tentative Nonconfirmation (TNC) is an E-Verify response indicating the system could not confirm employment eligibility through standard database matching with SSA or DHS records. It does not mean the employee is ineligible. But it triggers a specific sequence of required actions with hard federal deadlines, and this sequence has to be followed exactly.
Timeline and deadlines
Key TNC Deadlines:
- 10 federal working days: Notify employee and provide Further Action Notice (FAN) explaining the mismatch
- Same 10-day window: Employee must decide whether to contest
- 8 federal government working days: If the employee chooses to contest, they must contact DHS or visit an SSA office after the employer refers the case
During the entire window, employers cannot take any adverse action based solely on TNC status. If the employee declines to contest or doesn't respond within the window, the case becomes a Final Nonconfirmation—an E-Verify result indicating the employee's eligibility could not be verified after the contest period expired or was waived; at that point, the employer may terminate employment based on the E-Verify result.
Common TNC mistakes
The most common failure in this scenario is tracking. When you're managing multiple open TNCs at once, each on its own federal timeline, a shared spreadsheet and a calendar invite are not a compliance system. Cases slip. Deadlines pass. Adverse action happens before it's legally permitted, or termination is delayed past the point where it's documented.
The other common failure is treating a TNC as a red flag rather than a process. Employees with legitimate eligibility, whose records simply don't match because of a name change, an SSN update, or a database lag, get pushed out of jobs they're legally entitled to hold. That's a liability, not a compliance win.
#2: I-9 data entry errors that trigger TNCs
Not every E-Verify TNC notice reflects a true employment eligibility question. A large share is caused by errors introduced during Form I-9 completion.
Preventable errors to watch for
- Restricted Social Security cards: Certain Social Security cards include restrictions that make them unacceptable as List C documents for Form I-9 purposes. Catching those restrictions during document review can prevent an invalid document from making its way into the I-9 process.
- Incorrect employee information: Errors in names, dates of birth, Social Security numbers, A-numbers, I-94 numbers, or other Form I-9 information can create mismatches with DHS or SSA records. Catching those errors before the E-Verify case is submitted can prevent avoidable TNCs.
- SSN handling: E-Verify cases require a Social Security number. If a new hire has applied for an SSN but hasn't received it yet, the employer must wait to create the E-Verify case and document the reason for the delay.
These errors can often be caught during the I-9 process, before an E-Verify case is ever submitted. E-Verify can identify a mismatch, but strong I-9 processes can help prevent avoidable errors from reaching the system in the first place.
#3: I-9 reverification and expiring work authorization
I-9 compliance doesn't end at hire. Employees on temporary work authorization and certain visa categories have documents that expire. When employment authorization needs to be reverified, the employer completes the required reverification in Supplement B of Form I-9. Employers should not create a new E-Verify case simply to reverify an existing employee's temporary work authorization.
EAD category codes
Because reverification is an I-9 requirement, employers need to understand the employee's underlying employment authorization and any applicable extension rules when an EAD approaches expiration.
Not all EADs follow the same rules. The category code on an EAD can help employers understand the basis for employment authorization, but the rules for renewal, automatic extensions, and reverification depend on the employee’s specific authorization, the timing of any renewal application, and, for TPS, applicable DHS or Federal Register guidance.
Examples of EAD categories include:
- C09: Adjustment of status applicants with a pending Form I-485.
- C08: Certain applicants for asylum with a pending Form I-589.
- C19: Certain applicants for Temporary Protected Status (TPS).
For employers, the important takeaway is that an EAD's expiration date doesn't always tell the full story. Automatic extension rules have changed, and TPS-related extensions can be governed by country-specific DHS notices. Employers need a process that accounts for the employee's authorization category and the rules that apply to it rather than treating every expiring EAD the same.
TPS designation changes
Because TPS-related employment authorization can affect I-9 reverification, employers need to monitor applicable DHS and Federal Register updates when an employee's EAD approaches expiration.
When DHS extends or redesignates TPS for a country, certain TPS beneficiaries may receive an automatic extension of their employment authorization and TPS-related EADs. The rules vary by designation and are typically spelled out in a DHS or Federal Register notice. Employers who aren't tracking this can let valid authorizations lapse, requiring employees to go through unnecessary re-documentation.
The reverification window
I-9 reverification needs to happen on or before the date the employee's current employment authorization expires. Teams that rely on reactive tracking — someone noticing an expiration has passed — routinely miss the window, creating both I-9 compliance issues and, if the employee no longer has valid employment authorization, a potential interruption in employment.
What these cases have in common
Each of these cases shares the same underlying characteristic: they're manageable with the right process, and essentially unmanageable at scale without one. A company doing 20 hires a year can survive on manual tracking. A company doing 200, or 2,000, cannot.
At that scale, HR teams need processes that reduce the amount of manual work required to keep everything moving. The more of the process that runs automatically, the less that lands on someone’s to-do list. For TNCs, that means automated E-Verify timeline tracking and notices. For I-9 data-entry errors, it means document validation and restricted-card detection at intake. For reverification, it means built-in I-9 workflows that start outreach before an expiration date, rather than after it.
How WorkBright helps manage E-Verify complexity
WorkBright's I-9 and E-Verify platform is built for employers managing this kind of volume and complexity, from automatic E-Verify case creation and TNC workflow management to I-9 expiration tracking and reverification. If your team is handling these cases manually today, see what it looks like when the process runs itself.
Frequently Asked Questions
What is a TNC in E-Verify? A Tentative Nonconfirmation (TNC) is an E-Verify response indicating the system could not confirm employment eligibility through standard database matching with SSA or DHS records. It does not mean the employee is ineligible to work.
Can you fire an employee for a TNC? No. Employers cannot take adverse action, including termination, based solely on TNC status. Termination is only legally permissible after a Final Nonconfirmation, which occurs when the employee declines to contest or fails to resolve the mismatch within the allowed timeframe.
How long does an employee have to contest a TNC? Employees must decide whether to contest within 10 federal working days of TNC issuance. If they choose to contest, they have an additional 8 federal working days to contact DHS or visit an SSA office.
What triggers a Final Nonconfirmation? A Final Nonconfirmation occurs when an employee either declines to contest a TNC or fails to resolve the data mismatch with SSA or DHS within the required timeframe.
Does reverification require a new E-Verify case? No. Reverification is completed through the employee's Form I-9. Employers should not create a new E-Verify case simply to reverify an existing employee's temporary employment authorization.
HR compliance is complex, but it doesn’t have to be. WorkBright’s modern software and services streamline I-9s, E-Verify, and form management, while keeping your team audit-ready and aligned with ever-changing regulations. Take the guesswork out of compliance so you can focus on what matters most—your people.
