Almost two years to the day after they were first issued, the Department of Homeland Security has formally announced it's intent to rescind regulations dealing with Social Security "no-match" letters.
“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 set forth specific steps employers who received such a letter would have to take within specified time frames to ensure the letter did not become evidence the employer had constructive knowledge an employee was not authorized to work in the United States. The regulations were blocked by a federal court shortly after they were issued and have never gone into effect.
In an announcement published in Wednesday's Federal Register, DHS formally gave notice that it will rescind the regulations. The notice stated DHS has instead "determined to focus its enforcement efforts relating to the employment of aliens not authorized to work in the United States on increased compliance" through other programs, such as E-Verify. In fact, September 8, 2009, remains the date a new E-Verify federal contractor rule is slated to go into effect. That rule requires certain federal contractors and subcontractors use the federal government's E-Verify program, an internet-based system that checks employee names and identification numbers against federal databases.
For more information on the E-Verify rule, feel free to contact Tim Gebhart.