DHS Announces Publication of "No Match" Rule

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On October 23, 2008, the Department of Homeland Security (DHS) gave notice on how it will expect employers to respond to a ?no-match letter? from the Social Security Administration or a ?notice of suspect document? from DHS casting doubt on the employment eligibility of named employees. Receipt of either letter will require the employer to take certain actions to resolve the discrepancy. This may include the employer correcting its own records to fix clerical errors, or the employee contacting SSA and/or DHS to obtain proof that s/he is authorized to work in the United States. If an employer continues to employ an individual who is the subject of a no-match letter, and the employee provides no evidence that the discrepancy has been resolved, DHS may find that the employer has ?constructive knowledge? that the worker is not authorized to work in the United States.

The ?no match? rule was first published in August 2007, with an intended effective date of September 19, 2007. However, enforcement of the regulations was enjoined by lawsuit, and an injunction against DHS on implementing the regulations is still in effect. The Final Rule now being released by DHS addresses several points challenged in the lawsuit.

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