E-Verify
had experienced a serious technical glitch on October 22, 2013, and the online
system used to verify workers’ identity and employment authorization
erroneously gave employers Tentative Nonconfirmations for all employees who
provided U.S. Passports or U.S. Passport Cards. For some employers, that
meant a nearly 40-percent TNC rate.
U.S.
Citizenship and Immigration Services has provided the following guidance to
employers: “If you created a case for an employee who provided a U.S. Passport
or Passport Card and received a Tentative Nonconfirmation, close the case as
‘Invalid because the data entered is incorrect.’”
USCIS
further instructs, “[I]f you were unable to create a case, you should now
create a new case for the employee using the same U.S. Passport or Passport
Card information provided for Form I-9.”
Employers
are reminded that they are prohibited by law from asking employees to provide a
different document if the document(s) they provided, including the U.S.
Passport or Passport Card, appear to be genuine and relate to the individual
presenting it. The technical problem with E-Verify does not indemnify employers
from allegations of immigration-related employment discrimination. Requiring an
employee to present new or different documentation could be considered document
abuse and is prohibited under the Immigration and Nationality Act.
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