The ABC's of Immigration: No-Match Letters

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In August 2007, a long awaited "no-match letter" regulation from US Immigration and Customs Enforcement was released. The rule describes the obligations of employers when they receive nomatch letters from the Social Security Administration or receive a letter regarding employment verification forms from the Department of Homeland Security. The rule also provides "safe harbors" employers can follow to avoid a finding the employer had constructive knowledge that the employee referred to in the letter was an alien not authorized to work in the US . Employers with knowledge that an immigrant worker is unauthorized to accept employment are liable for both civil and criminal penalties.

The rule finalized a proposed rule released on June 14, 2006. The Department of Homeland Security, ICE’s parent department, received nearly 5,000 comments on the rule from a variety of interested parties including employers, unions, lawyers and advocacy groups. According to DHS, the opinions were highly varied with both strong opposition and support being enunciated. DHS also held a meeting with business and trade associations to discuss the proposed rule.

The rule was challenged in court prior to it taking effect in September 2007 was withdrawn. It is expected to be re-released in early 2008.

[NOTE: THIS CHAPTER WILL BE RE-WRITTEN WHEN THE NEW RULE IS RELEASED IN THE NEXT FEW WEEKS]

Please see full bulletin for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Gregory Siskind, Siskind Susser Bland, P.C. | Attorney Advertising

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