The Department of Homeland Security (DHS) has issued a new rule describing the steps an employer must take when it receives a “no-match” letter from DHS or the Social Security Administration (SSA). The rule takes effect on Sept. 14, 2007.
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What are no-match letters? If an employee’s name or Social Security number differs from information in SSA’s records, the agency sends out a no-match letter (also called an “Employer Correction Request”) to notify the employer of the discrepancy and ask that it be resolved. Similarly, DHS’s Immigration and Customs Enforcement branch (ICE) will send no-match letters (also known as a “Notice of Suspect Documents”) when an employee’s immigration status or employment authorization documentation on a Form I-9 isn’t consistent with government records.
The new regulation clarifies that an employer may be held liable for knowingly employing an undocumented worker if the employer fails to take “reasonable steps” to resolve a discrepancy within 90 days of receiving a no-match letter. The rule also describes the steps that the government will consider to be reasonable.
We’ll have full details on what employers need to know about the new rule in an upcoming issue of the California Employer Advisor.
Additional Resources:
Department of Homeland Security Safe-Harbor Procedures for Employers Who Receive a No-Match Letter