Under which circumstance can an employer continue to employ someone after a tentative non-confirmation?

An employer can continue to employ someone after a tentative non-confirmation if the employee contests it. This scenario occurs when the employee receives a tentative non-confirmation from E-Verify, which indicates that the information provided does not match government records. The employee has the right to contest this finding within a specific timeframe. While the contest is being processed, the employer may retain the employee in their position, as the situation is under review.

The key point here is that contesting the tentative non-confirmation allows the employee to present additional evidence or clarify any discrepancies, thereby potentially resolving the issue. Employers must still ensure compliance with E-Verify procedures during this time.

In contrast, the other circumstances do not provide a valid reason for the employer to continue employment without addressing the tentative non-confirmation first. For instance, simply requesting more time or having similar documentation in another format does not resolve the discrepancy that triggered the tentative non-confirmation. Additionally, if the employer has not yet received a final answer, it does not offer an official resolution to the initial issue that led to the tentative non-confirmation.