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Released Advance Copy of Supplemental Final Rule on No-Match Letters

The Department of Homeland Security just released an advance copy of the supplemental final rule on safe-harbor procedures for employers who receive an Social Security Administration No-Match letter.

The No Match Rule decribes the “constructive knowledge” that indicates an employee has provided a false SSN to his/her employer. It also outlines the process the DHS wants employers to use to respond to the SSA no-match letters.

While the new No Match Rule does not give the DHS access to the list of employers that received the no-match letters, the DHS will send general notices to employers telling them what their obligations are to follow immigration laws, and how they must be able to prove they are in compliance.

If an employer does not comply with the No Match Rule, the DHS can use that non-compliance as evidence that the employer had “constructive knowledge” of immigration problems, and the failure of employers to respond to no-match letters can be used as evidence in civil and criminal actions brought by DHS.

The October 2008 rule finalized a proposed rule released on March 21, 2008. The rule was challenged in court prior to it taking effect in September 2007.