DHS does away with “no-match” rule

In August 2007, the Department of Homeland Security issued “no-match” regulations intended to help identify working individuals who were not authorized to work in the United States.  Every year when employers filed their Forms W-2 with the Social Security Administration (SSA) and the Internal Revenue Service (IRS), SSA would send a “no-match” letter to the worker and the employer whenever an employee’s name or social security number didn’t match SSA’s records.  When an employer received a no-match letter, the employer had to follow certain procedures in order to avoid being at risk of liability for violating the law by knowingly continuing to employ unauthorized persons.

Starting next month, employers no longer will have these obligations.  DHS has issued a new rule rescinding the “no-match” rule effective November 6, 2009.  In its summary of the new regulations, DHS stated that it “has determined to focus its enforcement efforts relating to the employment of aliens not authorized to work in the United States on increased compliance through improved verification, including participation in E-Verify, ICE Mutual Agreement Between Government and Employers (IMAGE), and other programs.”

The full text of the rule is available online at http://edocket.access.gpo.gov/2009/pdf/E9-24200.pdf.

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