110 STAT. 3009 -661 PUBLIC LAW 104-208—SEPT. 30, 1996 section 404(b) of this division, the person or entity shall record on the 1-9 or similar form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual. (B) NONCONFIRMATION UPON INITIAL INQUIRY AND SECONDARY VERIFICATION.— (i) NONCONFIRMATION. —If the person or other entity receives a tentative nonconfirmation of an individual's identity or work eligibility under the confirmation system within the time period specified under 404(b) of this division, the person or entity shall so inform the individual for whom the confirmation is sought. (ii) No CONTEST. —I f the individual does not contest the nonconfirmation within the time period specified in section 404(c) of this division, the nonconfirmation shall be considered final. The person or entity shall then record on the 1-9 or similar form an appropriate code which has been provided under the system to indicate a tentative nonconfirmation. (iii) CONTEST.—I f the individual does contest the nonconfirmation, the individual shall utilize the process for secondary verification provided under section 404(c) of this division. The nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the confirmation system within the time period specified in such section. In no case shall an employer terminate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final. Nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure. (iv) RECORDING OF CONCLUSION ON FORM. —I f a final confirmation or nonconfirmation is provided by the confirmation system under section 404(c) of this division regarding an individual, the person or entity shall record on the 1-9 or similar form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual. (C) CONSEQUENCES OF NONCONFIRMATION.— (i) TERMINATION OR NOTIFICATION OF CONTINUED EMPLOYMENT. — If the person or other entity has received a final nonconfirmation regarding an individual under subparagraph (B), the person or entity may terminate employment (or recruitment or referral) of the individual. If the person or entity does not terminate employment (or recruitment or referral) of the individual, the person or entity shall notify the Attorney General of such fact through the confirmation system or in such other manner as the Attorney General may specify. (ii) FAILURE TO NOTIFY.—I f the person or entity fails to provide notice with respect to an individual as required under clause (i), the failure is deemed
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