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Update on 'No-Match' Letters
On Oct. 7, 2009, the Department of Homeland Security (“DHS”) published a final rule rescinding its safe-harbor procedures for employers that receive “no-match” letters from the Social Security Administration (“SSA”) or similar letters from the DHS. Safe-Harbor Procedures for Employers Who Receive No-Match Letter: Rescission, 74 Fed. Reg. 51,447 (Oct. 7, 2009). (Readers may wish to review the articles about the “no-match” rules that have previously appeared in the Employment Law Strategist, which can be found in the February and March 2008 issues.
Background
Under the Immigration and Nationality Act of 1952 (the “INA”), it is unlawful for an employer to hire or continue to employ an alien if the employer knows that the alien is not authorized to work in the United States. As a result, employers are required to verify each employee's eligibility to work through use of an Employment Eligibility Verification form (“Form I-9″). If the information provided on the Form I-9 does not correspond with the information of the SSA, employers may receive a “no-match” letter.
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