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 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 the 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 the 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.

To learn more about this blog post or if you have any other immigration concerns, please feel free to contact me at rglahoud@norris-law.com or (484) 544-0022.