Department of Homeland Security Proposes Rule for Employee "No Match" Social Security and Immigration Status Letters
On June 9, 2006, the Department of Homeland Security (DHS) proposed two Federal regulations to help businesses comply with verifying employees' work eligibility. The first proposal would allow employers to digitize their employees' I-9 forms. The second proposal suggests guidelines that, if followed by the employer, would provide a safe harbor for employers when a discrepancy in the employee's Social Security number or immigration status are discovered.
No match letters are sent to employers typically when the employee's Social Security number does not match the worker's name on tax or employment eligibility documents, such as the I-9 form. The DHS or the Social Security Administration can send no match letters to employers. The DHS letter informs the employer that the immigration status or the employment authorization documentation presented by the employee is not consistent with its records. The Social Security Administration sends a letter informing the employer that the employee's Social Security number submitted for employment does not match the agency's records.
The DHS proposed regulations set forth a set a rules that if the employer follows in good faith, then the DHS would not find that employers violated any of their legal obligations.
The proposed regulations have a 60-day public comment period, but the I-9 regulation will become effective on an interim basis until it is published.