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On August 15, 2007, the immigration service published in the Federal Register the final rule regarding the legal obligations of an employer, under current immigration law, when the employer receives a no-match letter from the Social Security Administration or receives a letter regarding employment verification forms from the Department of Homeland Security.
On October 7, 2009, the Department of Homeland Security (DHS) formally rescinded its rule regarding Social Security “no-match” letters. The rule, which was never implemented, would have forced employers to fire workers based on discrepancies in their Social Security records. DHS first announced its plan to rescind the rule in July. As a result of the 10/7/09 publication of a final rule in the Federal Register, the rescission will go into effect in 30 days, 11/6/09. A civil rights coalition challenging the policy charged that the rule would put the livelihoods of authorized workers - including U.S. citizens - at risk and have a devastating impact on the already suffering U.S. economy. A federal court blocked the no-match rule in October 2007 after the National Immigration Law Center (NILC), the American Civil Liberties Union, and the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) filed a lawsuit against DHS charging that enforcement of the rule would put authorized workers at risk of losing their jobs and would cause discrimination against workers who look or sound “foreign”. Read the final rule here: gpo.gov Detailed information about the Social Security “No-Match” Rule: nilc.org Social Security and Employer Responsibilities When Hiring Foreign Workers: socialsecurity.gov |
Human Resource Issues 
