U.S. Citizenship and Immigration Services (USCIS) announced a new feature called myUploads from E-Verify that will help employees and individuals resolve their E-Verify DHS Tentative Nonconfirmations (TNCs) electronically. This can be done by uploading images of their documentation as a JPEG, PNG, or PDF through a computer or smart device. E-Verify is a web-based system that allows employers to verify their employees’ ability to work in the United States. Through E-Verify, employers can verify their newly-hired employees by electronically matching their information provided in Form I-9, against information possessed by the Social Security Administration.
The announcement said the new feature will expedite employment eligibility verification and resolve TNCs. When there is a TNC, the employer must privately notify the employee and provide a Further Action Notice (FAN), which will help employees understand the TNC process. This FAN will include information on how to navigate myUploads.
How Do I Access myUploads?
Users must use their E-Verify account and pass a two-factor identity assurance process. Users logging in for the first time since April 28, 2019, must access it through their USCIS online account. myUploads is a free feature that is available to all users. However, the announcement also mentioned that employers may not require their employees to use myUploads, my E-Verify, or Self Check to resolve a TNC.
What Is E-Verify?
Employers must have a new hire’s Form I-9, Employment Eligibility Verification, completed within three days of starting the employment in the United States. This includes both U.S. citizens and non-citizens. Both the employers and the employees must complete this form. The details entered in the form are verified by E-Verify, which checks for the records against the Social Security Administration. Employees are required to contact the Department of Homeland Security (DHS) after the documents are uploaded. E-Verify employers are still required to process and close DHS TNC cases within E-Verify’s timelines.
Though E-Verify is a voluntary program, employers with federal contracts or subcontracts are required to enroll in E-Verify as a condition of federal contracting. Depending on the state’s legislation mandating the use of E-Verify, employers may also be required to participate in E-Verify as a condition of business licensing. Finally, some employers may be required to participate in E-Verify because of a legal ruling.
E-Verify is available in all 50 U.S. states, Guam, Puerto Rico, the U.S Virgin Islands, the District of Columbia, and the Commonwealth of Northern Mariana Islands.