The Department of Homeland Security has reissued regulations governing how employers handle so-called Social Security "no-match" letters -- with no substantive change despite the fact a federal court halted their implementation in October 2007.
“No-match” letters are letters employers receive from the Social Security Administration indicating the name and Social Security number submitted for an employee do not match the agency’s records. The regulations issued last year set forth specific steps employers who received such a letter would have to take within specified timeframes to ensure the letter did not become evidence the employer had constructive knowledge an employee was not authorized to work in the United States.
A federal court enjoined their implementation, in part because of the "staggering effect" compliance would have on employers and the potential for mass layoffs of employees who couldn't resolve any no-match issues within the requisite 90-days. Instead of appealing that decision, DHS announced it would revisit the regulations.
Although it accepted more public comment and added more analysis to the commentary to the rules, when DHS published them again late last month it said it was reaffirming the prior rules “without substantive change.” The only change is the correction of a typographical error. The regulations will not go into effect, though, unless the federal court dissolves the current injunction, something the government is requesting.
Additional information on the no-match regulations can be found in an article in our publications section.