Immigration Alert: 'No-Match' Regulations Set To Be Rescinded As DHS Focuses On Strengthening E-Verify
As our prior Alerts have informed you, in 2007 the Social
Security Administration (SSA) submitted proposed regulations that
would increase employers' obligations upon receipt of a
"No-Match" letter (a letter sent by SSA to an employer to
report that an employee's Social Security Number (SSN) does not
match the name provided). Before the new regulations could be
implemented, however, they were blocked by court order in September
2007. On July 8, 2009, Department of Homeland Security (DHS)
Secretary Janet Napolitano declared that the Department would be
rescinding these proposed regulations in favor of strengthening the
existing E-Verify system. (For more information about E-Verify,
please see our prior
Alert, as well as our
video podcast.)
E-Verify is an electronic system administered jointly by the DHS
and the SSA for the verification of employment authorization.
E-Verify provides access to federal databases to help employers
determine the employment eligibility of new hires and the validity
of their SSNs. The 2007 No-Match Rule established procedures that
employers can follow if they receive SSA No-Match letters or
notices from DHS that call into question the work eligibility
information provided by employees. Concerned that these notices
most often informed an employer many months or even a year later
that an employee's name and SSN provided for a W-2 earnings
report did not match SSA records—often due to
typographical errors or unreported name changes—the
Department opted instead to place their resources toward the
E-Verify system. E-Verify addresses...
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