DHS announces final “No-Match”? letter requirements.

The Department of Homeland Security (DHS) has recently released its final regulations concerning employers’ responsibilities when a “No-Match” letter is received.  After an employer receives a “No-Match” letter from the SSA, or a letter regarding employment verification from the DHS, “reasonable steps” must be taken within 90 days of receipt or the employer may be found liable of violating federal immigration law. “Reasonable Steps” or “Safe Harbor” provisions that DHS recommends are:

·        The employer should promptly check its records to determine if typographical, transcription or clerical error was the cause.  If such an error did occur then the employer needs to correct its records, inform any relevant agencies, verify the corrected information with the relevant agency, and document the correction. This first step should be done within the first 30 days after receipt.

·        If above action does not correct the discrepancy, then the employer would need to promptly ask the employee to verify that the employer’s records are accurate. As above, if such an error did occur then the employer needs to correct its records, inform any relevant agencies, verify the corrected information with the relevant agency, and document the correction. If the records are accurate then the employer needs to have the employee address the problem with the relevant agency (i.e. visiting the local SSA office, bringing whatever acceptable documents are needed to correct the issue). This next step should also be done within the first 30 days after receipt.

·        If the discrepancy still exists, within 90 days of receipt of the letter, the employer must complete a new I-9 Form (using the same steps as if the employee was newly hired), except no documents may be used to verify the employee’s authorization that use the questionable Social Security number nor any document that does not have a photograph of the employee.

If all of the above verification steps fail then the employer must choose to either take action to terminate the employee, or be in violation of federal immigration law by knowingly continuing the employ of unauthorized persons.

For additional information please follow these links:        

See Also

• Safe Harbor Information Center
  ICE website with more detailed information regarding the new “No-Match” regulations
• Example of ICE insert
  Example of ICE’s insert that will be included with the SSA “No-Match” letters.

Federal contractors have been granted a small delay until E-Verify becomes required.

The United States Citizenship and Immigration Services (USCIS) recently announced that the rule mandating the use of the E-Verify program for federal contractors has been delayed again.  Federal contractors are not required to use the E-Verify system until June 30, 2009, pushing back the date by six weeks. The rule requiring E-Verify for federal contractors was first published to go into effect on January 19, 2009. As published, any contractor performing a prime federal contract that will be performed 120 days or longer and has a value of $100,000 or more would be required to E-Verify all new-hires and any employee (new and current) that will be working on the contract. For more information go to the USCIS website at: http://www.uscis.gov/everify

See Also

• USCIS E-Verify Delay Notice
  Notice from USCIS regarding the delay in E-Verify requirments

I-9 Form

Don’t get rid of your I-9 forms just yet.  The Employment Eligibility verification form I-9 is valid beyond the 06/30/09 expiration date.  The current form you should be using was revised on February 2, 2009 and was effective April 1, 2009.  (Rev. 02/02/09) is at the bottom of the form. 

USCIS is waiting for the extension to be approved before they will issue an updated form.  They have requested to continue to use the current version. 

For more informaiton visit www.uscis.gov.