DHS is rescinding the final rules it promulgated
in 2007 and 2008 relating to procedures that employers may take to acquire
a safe harbor from receipt of "no-match" letters, which the Social Security
Administration (SSA) sends to employers when the combination of an employee
name and social security number does not match SSA records. DHS proposed to
rescind the no-match rules on August 19, 2009, and is issuing this final rule
without change.
Implementation of the 2007 final rule was preliminarily enjoined by the U.S.
District Court for the Northern District of California on October 10, 2007.
After further review, DHS said it will focus its enforcement efforts relating
to the employment of unauthorized workers on improved verification, including
participation in E-Verify, the ICE Mutual Agreement Between Government and
Employers (IMAGE), and other programs. DHS said that IMAGE is "designed to
help the business community develop and implement hiring and employment verification
best practices."
USCIS said that "[t]hese tools focus on more universal compliance with the
employment eligibility verification requirements of the Immigration and Nationality
Act than a safe harbor procedure for a limited number of employers who receive
a No-Match letter." The agency said that a no-match letter is "reactive, either
one specifically guided to the employment eligibility issue from ICE or one
indirectly pointing to a potential employment eligibility issue through social
security number record mismatches on tax filings through SSA." in the Nation's
critical infrastructure sites, including airports, seaports and power plants.
For other Immigration news please click www.uscis.com
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