The Bureau of Immigration and Customs Enforcement has issued proposed regulations amending the employer's responsibility when presented with a "no-match" letter from the Social Security Administration (SSA).
Primarily, the proposed regulations provide a revised definition of "knowing" an employee lacks legal presence and have been amended to provide examples of constructive knowledge and new procedures to resolve discrepancies between the social security number presented and the information found in the SSA's records.
"No match" letters notify employers that the employee's social security number does not match with SSA records. Pursuant to the Immigration and Nationality Act, if an employer possesses constructive knowledge that the employee is an illegal alien, the employer could face civil money penalties.
The proposed regulations provide additional examples in which the agency could find the employer possessed constructive knowledge. For example, if an employer fails to verify the employee's information after receiving information from the SSA or Department of Homeland Security (DHS) questioning the employee's legal status, the employer could face monetary penalties.
Additionally, the regulations prescribe safe-harbor procedures, which will protect the employer from penalties. The proposed procedures include determining whether the discrepancy results from a typographical error, contacting the employee to confirm the records are correct and using a new and specific process to verify the employee's identity and employment authorization.
The proposed regulations were published at 71 Fed. Reg. 34,281 (June 14, 2006) and can be viewed online at: DHS notice of no-match letters http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-9303.pdf.
