5 Steps For Roofing Employers To Handle An E-Verify TNC

An E-Verify Tentative Nonconfirmation, now commonly described by E-Verify as a mismatch, is not a finding that a roofing employee lacks work authorization. It means the information entered from Form I-9 did not immediately match records available to the Department of Homeland Security or the Social Security Administration.

For a roofing contractor, the risk is usually operational as much as legal. A dispatcher may want to pull a new hire from a crew. A production manager may want to delay training. A branch leader may ask for different documents. Those reactions can create discrimination and worker-rights problems if the employee is still in the E-Verify process.

Use this workflow as a contractor operating checklist, not legal advice. Employment eligibility, Form I-9, E-Verify, state requirements, federal contractor rules, union rules, and anti-discrimination law should be reviewed with qualified counsel or trained HR staff.

Product source: https://www.roofpredict.com/

RoofPredict can help roofing companies organize employee onboarding tasks, branch notes, document follow-up reminders, manager assignments, and internal checklists. It does not replace Form I-9 review, E-Verify access, legal counsel, government instructions, or HR judgment.

Step 1: Treat The TNC As A Process Event, Not A Crew Decision

The first step is to slow the company down. E-Verify explains that a Tentative Nonconfirmation or mismatch happens when information entered from Form I-9 does not match government records. The employer must give the employee an opportunity to take action. The employer should not treat the mismatch as a final answer.

Assign one trained person to own the case. In a roofing company, that person may be the HR manager, office manager, compliance lead, or branch administrator. Do not let foremen, sales managers, project coordinators, or schedulers improvise separate responses. Field leaders need one simple instruction: keep the employee's work treatment steady while HR follows the E-Verify case result.

Check the case data against the completed Form I-9 and the employee record. Review spelling, birth date, Social Security number, citizenship or immigration status selection, document numbers, expiration dates, and case timing. The E-Verify user manual tells employers to check whether information was entered correctly and follow the case-result instructions. If the employer caused a data-entry issue, the next step depends on E-Verify instructions for that case, not on a local shortcut.

Do not ask the employee for extra Form I-9 documents because of the mismatch. DOJ IER guidance warns against requesting more documents than necessary or treating employees differently because of citizenship status, immigration status, or national origin. The worker chose acceptable documents during Form I-9. A mismatch does not reopen document choice unless the official process directs a specific action.

Record the internal owner, case number, case result, date received, and next required action. Keep the note factual. Avoid labels such as "failed E-Verify" or "bad papers." Use the language of the system: Tentative Nonconfirmation, mismatch, Further Action Notice, referred, case in continuance, employment authorized, no action, or final nonconfirmation.

Step 2: Give The Further Action Notice Correctly And Privately

When E-Verify returns a mismatch, the employer must notify the employee and provide the Further Action Notice. The E-Verify user manual says the employer must review the notice with the employee privately and as soon as possible. That privacy point matters in roofing offices where onboarding often happens near dispatch, payroll, or production staff.

Review the Further Action Notice in a language the employee understands when the system provides that option. The notice explains the mismatch, the employee's options, and what happens next. Give the employee time to read it. The employer should not pressure the worker to contest or not contest. The choice belongs to the employee.

The employee may choose to take action to resolve the mismatch, or may choose not to take action. If the employee does not take action, E-Verify provides the next case result path. If the employee does take action, the employer must refer the case in E-Verify and give the employee the Referral Date Confirmation. Do not skip the referral step and tell the worker to call an agency from memory.

Keep the conversation narrow. A good script is simple: E-Verify returned a mismatch, the result does not necessarily mean the employee is not authorized to work, the notice explains the available choice, and the company will follow the E-Verify instructions. Do not speculate about immigration status. Do not ask why a record may not match. Do not ask the employee to explain family history, citizenship history, name changes, or immigration filings to a manager who does not need that information.

Managers should not negotiate job status during the notice meeting. The meeting is not the place to discuss reduced hours, reassignment, unpaid leave, delayed start dates, or removal from a crew. If the employee contests the mismatch, the employee is generally allowed to continue working while the process continues, subject to the official E-Verify rules and any lawful, separately supported employment rules.

Step 3: Refer The Case And Track The Deadline Without Coaching The Worker

If the employee chooses to take action, the employer uses E-Verify to refer the case. E-Verify's employee process page describes the flow: receive the mismatch notice, decide whether to take action, receive the Referral Date Confirmation, and contact DHS or SSA as instructed. The confirmation contains the deadline and agency instructions.

The employer's job is to complete the referral, provide the confirmation, and track the case. It is not to solve the mismatch for the worker. Do not ask the employee to bring back a letter, agency printout, new card, or extra proof unless E-Verify instructions require it. DOJ's E-Verify discrimination guidance specifically warns employers not to ask for additional documentation or written verification from SSA or DHS after referral.

Build a deadline reminder into the HR workflow. The reminder should say what the company must do, not what the employee must disclose. For example: "Check E-Verify case status on the next business day after deadline" is better than "make employee prove SSA visit." The case remains an E-Verify case, not a branch-level investigation.

Roofing companies should also protect payroll and scheduling consistency. A new installer, service technician, gutter helper, estimator, or office coordinator with a contested mismatch should not be singled out for worse assignments because of the pending case. If there is a safety, licensing, driving, customer-site, or training reason for a separate employment decision, document that reason separately and have HR review it so it is not confused with the mismatch.

Use neutral internal language with supervisors. Tell the foreman or department head only what they need to know: HR is handling an onboarding verification step and the employee's schedule remains unchanged unless HR says otherwise. Do not broadcast the case result through a group chat, scheduling board, or branch meeting.

Step 4: Keep Work Treatment Steady While The Mismatch Is Contested

The most important rule for managers is also the easiest to violate under jobsite pressure: do not take adverse action because of a contested mismatch while the E-Verify process is still pending. E-Verify employee rights materials say workers have rights while fixing a mismatch. DOJ worker-protection guidance says employers may violate the law if they take negative action during the mismatch resolution process based on citizenship, immigration status, or national origin.

In practical roofing terms, avoid termination, suspension, delayed training, reduced hours, worse crew assignments, forced unpaid leave, delayed start date, lower pay, or removal from customer work because of the mismatch. Also avoid softer retaliation, such as telling coworkers the employee has a problem with papers, requiring the worker to report to the office every morning, or making the employee chase agency updates in front of supervisors.

This does not mean every employment rule disappears. The company can still enforce neutral rules about attendance, jobsite safety, driving qualifications, harassment, timekeeping, drug policies where lawful, equipment use, and customer conduct. The key is separation. A neutral discipline decision should be supported by facts unrelated to the E-Verify mismatch and reviewed by HR before action is taken.

Train production leaders before the first mismatch occurs. A storm season hiring surge, a new branch opening, or a large reroofing backlog can put inexperienced supervisors into onboarding conversations. The supervisor does not need to understand every E-Verify screen. They do need to know that a mismatch is not a firing instruction and that HR controls the process.

If a customer, general contractor, or site owner asks about the worker's authorization status, do not share the E-Verify case result. Route the issue to HR or counsel. Worker verification records are not jobsite gossip, sales material, or subcontractor leverage.

For union, subcontractor, or public-project work, keep the same discipline. Do not mix E-Verify case handling with project access rules, certified payroll questions, badging, or customer documentation requests unless HR has reviewed the requirement. A separate site rule may exist, but the company still needs a clean record showing the mismatch process was handled under E-Verify instructions and not used as a proxy for citizenship or national origin. That record is especially useful when branch leaders change quickly during a busy hiring season.

Step 5: Close The Case Only When E-Verify Gives The Result

The last step is controlled by the system result. E-Verify may eventually return employment authorized, final nonconfirmation, close case and resubmit, case in continuance, no show, or another result described in the current user manual. Follow the specific instruction shown in the account. Do not close a case early because the branch is tired of waiting, and do not keep a resolved case open because a manager still feels uncertain.

If the case is employment authorized, close the loop internally and stop discussing the mismatch. The employee should not carry a stigma in scheduling, promotion, pay, training, or crew assignment. If the case moves to a final nonconfirmation or another result that permits employment action, have HR and counsel review the record before action. Confirm that the employee received the required notices, had the required choice, and was not treated differently while the case was pending.

Retain Form I-9 records according to USCIS rules. USCIS says employers must retain Form I-9 for each employee for three years after the date of hire or one year after employment ends, whichever is later. If the company keeps copies of documents, USCIS guidance says the employer must do so consistently and still complete and retain Form I-9. E-Verify case records should be kept according to the employer's E-Verify obligations, retention policy, and counsel-approved HR records process.

After the case closes, audit the workflow. Did HR notice the mismatch quickly? Was the Further Action Notice reviewed privately? Did managers avoid adverse action? Were reminders neutral? Did payroll and scheduling stay consistent? Were notes factual? Did the employee receive the Referral Date Confirmation when required? Use the answers to improve training before the next hire.

Roofing companies with multiple branches should standardize this workflow. The same mismatch should not be handled one way in the service department, another way in new construction, and another way in storm sales. A consistent process protects employees and gives managers a simpler answer when a crew leader asks what to do.

Roofing Employer TNC Checklist

• Confirm the case owner and restrict discussion to HR or trained compliance staff.
• Review Form I-9 and E-Verify data for entry errors before talking about job status.
• Give and privately review the Further Action Notice as E-Verify instructs.
• Let the employee decide whether to take action; do not pressure the choice.
• If the employee takes action, refer the case and provide the Referral Date Confirmation.
• Do not request extra documents or agency proof unless the official process requires it.
• Keep scheduling, training, pay, and assignments steady while the mismatch is contested.
• Track E-Verify deadlines and case results without turning supervisors into investigators.
• Close the case only according to the result shown in E-Verify.
• Retain records and audit the process after closure.

Manager Phrases To Avoid

Avoid "you failed E-Verify." Say "E-Verify returned a mismatch that HR is processing."

Avoid "bring different documents tomorrow." Say "Please review the Further Action Notice and choose whether to take action."

Avoid "you cannot work until this is fixed." Say "HR will follow the E-Verify process and keep you informed."

Avoid "the foreman needs to know what happened." Say "HR will share only work instructions that supervisors need."

Avoid "call SSA and bring us proof." Say "The Referral Date Confirmation explains the agency instructions and deadline."

FAQs

Is an E-Verify TNC the same as a final nonconfirmation?

No. A Tentative Nonconfirmation or mismatch means information from Form I-9 did not immediately match available government records. It is not the same as a final nonconfirmation, and the employee must have the chance to take action when the process allows it.

Can a roofing employer fire an employee because of a contested mismatch?

Do not treat a contested mismatch as a firing instruction. E-Verify and DOJ worker-rights materials warn against adverse or negative action while the worker is taking action to resolve the mismatch. HR or counsel should review any employment action.

Should the employer ask for new documents after a mismatch?

Generally, no. The employer should follow E-Verify instructions and should not ask for extra documents or agency proof merely because a mismatch occurred. Document requests can create discrimination risk when they go beyond the official process.

Who should handle TNC conversations in a roofing company?

A trained HR, office, or compliance owner should handle the case. Foremen, sales managers, dispatchers, and production supervisors should receive only the work instructions they need, because the case result is not jobsite information.

How can RoofPredict help with E-Verify follow-up?

RoofPredict can organize onboarding tasks, manager assignments, branch notes, deadline reminders, and internal workflow checks. It does not access E-Verify for the employer or replace Form I-9, E-Verify, HR, or legal review.

Source Notes

RoofPredict product context: https://www.roofpredict.com/

E-Verify employer mismatch overview: https://www.e-verify.gov/employers/verification-process/tentative-nonconfirmations-mismatches

E-Verify user manual section 3.3: https://www.e-verify.gov/e-verify-user-manual-30-case-results/33-tentative-nonconfirmation-mismatch

E-Verify employee mismatch overview: https://www.e-verify.gov/employees/tentative-nonconfirmation-mismatch-overview

E-Verify employee process page: https://www.e-verify.gov/employees/tentative-nonconfirmation-overview/how-to-process-a-tentative-nonconfirmation-mismatch

E-Verify FAQ on employee mismatch: https://www.e-verify.gov/faq/what-does-it-mean-if-my-employee-receives-a-tentative-nonconfirmation-mismatch-and-what-must-i

USCIS I-9 Central: https://www.uscis.gov/i-9-central

USCIS Form I-9 page: https://www.uscis.gov/i-9

USCIS retaining Form I-9: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/100-retaining-form-i-9

USCIS retaining copies of Form I-9 documents: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/100-retaining-form-i-9/102-retaining-copies-of-form-i-9-documents

DOJ IER employer discrimination guidance: https://www.justice.gov/d9/pages/attachments/2019/02/14/ier_information_for_employers_on_how_to_avoid_discrimination_in_e-verify_final.pdf

DOJ IER worker protections guidance: https://www.justice.gov/d9/case-documents/attachments/2019/02/14/ier_worker_protections_against_discrimination_in_the_e-verify_process_final_0.pdf