Several months ago, the Department of Homeland Security (DHS) issued a final regulation mandating the steps employers must take to verify an employee’s Social Security number (SSN) when the employer receives a “no-match” letter from the DHS or the Social Security Administration. The rule specified that employers would be required to fire employees–or face government legal action–if the SSN mismatch could not be resolved within three months. The rule was slated to go into effect on Sept. 14, 2007. However, the rule was met with legal challenges from employer and labor groups, and a federal district court halted implementation of the rule until the legal issues could be sorted out.
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Now, the DHS has announced that it will take a two-track approach to resolving the controversy over its no-match rule. The government plans to rework the rule and issue a new proposal in early 2008, and at the same time it will appeal the district court’s decision to the U.S. Ninth Circuit Court of Appeals. We’ll continue to keep you up to date on the status of the no-match regulation.
Additional Resources:
Immigration: Strict New Rule for Handling No-Match Letters (Start your guest access and get this now)