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E-Verify – BNL Procedures

All employees who work at Brookhaven National Laboratory (BNL) must be eligible to work in the United States. Regulations that took effect on September 8, 2009, require employers with federal contracts or subcontracts that contain the Federal Acquisition Register (FAR) E-Verify clause to use the E-Verify system to verify that eligibility. BNL, as a federal contractor, will use the E-Verify system.

E-Verify is an electronic system that compares employee information obtained from the Employment Eligibility Verification form (I-9 form) against records maintained by both the Department of Homeland Security (DHS) and the Social Security Administration (SSA). If the I-9 information for the employee matches the DHS and SSA records, an ‘employment authorized’ message will be received. However, any discrepancy between the information input and the records at DHS and SSA will result in an alert being issued. The alert is called a Notice of Tentative Non-Confirmation (TNC) and further action is required.

The Human Resources & Occupational Medicine Division (HROM) began using E-Verify for all new hires starting February 1, 2010.  For all current employees employed after November 6, 1986, E-Verify began on March 1, 2010.  HROM will submit the information from the employee’s I-9 form into the E-Verify system. If there is a discrepancy and a TNC action is identified, the employee will be contacted by an HROM representative who will meet with the employee and follow up as indicated below:

• Explain the situation
• Provide a copy of a Notice to Employee of Tentative Non-Confirmation along with a copy of an SSA Referral Letter or a DHS Referral Letter
• Instruct the employee to check the space on the Notice of Tentative Non-Confirmation indicating whether they wish to CONTEST or NOT CONTEST the finding
• Instruct the employee to sign and date the Notice
• Sign and date the Notice in the Signature of Employer Representative block
• Give  a copy of the Notice to the employee
• File the original with the employee’s I-9 form

If the employee contests the TNC response, the HROM representative must provide the employee with a referral letter from either the SSA or the DHS or both which provides employees with instructions on how to contact the SSA or the DHS to resolve discrepancies.

Under the requirements of E-Verify, the employee must resolve any discrepancies with the SSA or the DHS within eight federal work days from the date of the referral. The Human Resources & Occupational Medicine Division will conduct a follow-up verification 10 work days after the date the employee is referred to the SSA or the DHS. If the discrepancy has not been resolved within that 10 work day time period, a Final Non-Confirmation will be returned. Employees who receive Final Non-Confirmations are not eligible to be employed at Brookhaven and must be terminated.

Employees who do not contest TNC responses are not eligible to remain employed by Brookhaven National Laboratory and also must be terminated. 

Last Modified: March 19, 2010
Please forward all questions about this site to: Elizabeth Gilbert

One of ten national laboratories overseen and primarily funded by the Office of Science of the U.S. Department of Energy (DOE), Brookhaven National Laboratory conducts research in the physical, biomedical, and environmental sciences, as well as in energy technologies and national security. Brookhaven Lab also builds and operates major scientific facilities available to university, industry and government researchers. Brookhaven is operated and managed for DOE's Office of Science by Brookhaven Science Associates, a limited-liability company founded by the Research Foundation for the State University of New York on behalf of Stony Brook University, the largest academic user of Laboratory facilities, and Battelle, a nonprofit, applied science and technology organization.

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