South Carolina has become the most recent state to require employers to use a federal work verification program to verify employees' legal status. South Carolina Governor Mark Sanford recently signed into law "The South Carolina Illegal Immigration Reform Act," which requires both private and public employers to register and participate in a federal work verification program, such as E-Verify, the online employment eligibility verification program operated by the U.S. Department of Homeland Security. The new law also prohibits state employers from awarding contracts or subcontracts to employers who fail to use federal work verification programs. The new law also provides for strict penalties against employers who "knowingly or intentionally" employ any unauthorized workers. The penalties include monetary fines, suspension, and even permanent revocation of the ability to employ workers in South Carolina.

On June 26, 2008, U.S. Citizenship and Immigration Services withdrew the June 16, 2008 version of Form I-9 and reinstated the June 5, 2007 version, but with a new expiration date of June 30, 2009. Employers should start using the June 5, 2007 version with the June 30, 2009 expiration date immediately. Other than the revision date, there are no differences between the two June 2007 versions. The form is available at http://www.uscis.gov/i-9.

Missouri joined the growing list of states that have passed immigration measures impacting employers. Governor Matt Blunt signed House Bill 1549 which will require (as of January 1, 2009) the following entities to participate in a federal work authorization program (currently known as “E-Verify”): any public (government entity) employer and any business entity that applies for a contract or grant in excess of $5,000 with the state of Missouri or one of its political subdivisions or applies for a tax credit, tax abatement, or loan from the state of Missouri. Although private employers are not required to participate in E-Verify, the law encourages them to do so. For a complete summary of the law, see the July 8 Missouri eAuthority.

It has been a busy twelve months for employment-related immigration issues. Employers have watched as the Department of Homeland Security (DHS) announced safe harbor rules to guide employers upon receipt of no-match letters from the Social Security Administration (SSA), a California federal district court prohibited the implementation of those rules, and, finally, DHS recently re-issued the rules to comply with the district court's ruling. Just when it appeared that some clarity may be arising from the confusion, however, employers must now consider how to respond to the U.S. Court of Appeals for the Ninth Circuit's decision in Aramark Facility Services v. Service Employees Int'l Union Local 1877, No. 06-56662 (9th Cir. June 16, 2008). That decision raises the stakes for all employers, and especially unionized employers.

Melissa Azallion, Esquire of Nexsen Pruet, recently lead a seminar to update professionals about changes in Federal and South Carolina immigration law. Watch this video to learn more about: the details of this new law, E-Verify - the pros and cons of enrollment and new requirements for federal contractors, a thorough analysis of the SC Illegal Immigration Reform Act and how it will impact your business, and the importance of I-9 compliance in preparing for a federal or state audit.

The Federal Acquisition Regulation Counsel (FAR Counsel) issued a proposed rule to implement the President's admendments to Executive Order 12989. Comments to the proposed rule are due August 11, 2008.

On June 6, 2008, President Bush issued Executive Order 12989 ("EO 12989"), directing all federal departments and agencies to require federal contractors to use the government's E-Verify Program. Pursuant to EO 12989, all federal contractors must verify the employment eligibility of all new hires and current employees assigned to work on future federal contracts. E-Verify is the web-based program operated by U.S. Citizenship and Immigration Services in partnership with the Social Security Administration that allows employers to verify the work authorization of new employees. Federal contractors who refuse to use E-Verify will be deemed ineligible to do business with the federal government. EO 12989 also instructs federal agencies not to do business with federal contractors who "knowingly employ unauthorized alien workers."

On June 16, 2008, USCIS released a new I-9 Employment Eligibility and Verification Form, with an expiration date of June 30, 2009. All U.S. employers are responsible for completion and retention of I-9 forms for each individual hired for employment in the U.S., including both citizens and non-citizens. On the I-9 form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the Form I-9.

On June 6, 2008, President Bush signed an Executive Order that will require all federal contractors to use the E-Verify system to confirm the lawful status of all workers assigned to work on federal projects in the United States. See Littler's June 2008 ASAP Executive Order Requires All Federal Contractors to Use E-Verify. On June 12, the government issued a proposed regulation changing the Federal Acquisition Regulation to implement the terms of the Executive Order. The proposed rule will be open for comments until August 11. After the responsible federal agencies analyze that commentary, a final rule will be published in the Federal Register, and it will likely take effect 30 days later.

By Executive Order, dated June 9, 2008, the President has instructed all federal departments and agencies that enter into contracts to require, as a condition of each contract, that federal contractors use E-Verify for all individuals hired or assigned to perform work within the United States. E-Verify is the system maintained by the Department of Homeland Security to verify employment eligibility.

The USCIS issued an updated version of Form I-9, Employment Eligibility Verification for immediate use. All employers are required to complete and retain a Form I-9 for each employee hired after November 6, 1989 to show that the employee is authorized to work in the United States.

Executive Order 12989 requires federal contractors to use E-Verify to confirm the identity and work authorization of all employees working on federal contracts. The Executive Order, signed by President George W. Bush on June 6, 2008, left open a number of questions, including, for example, whether subcontractors are covered, will the Office of Federal Contract Compliance Programs (OFCCP) have a role and are there monetary thresholds for coverage. Typically, such unanswered questions are addressed in implementing regulations. On June 9, 2008, agencies responsible for administering the Federal Acquisition Regulations sent a Notice of Proposed Rulemaking to the Federal Register, setting forth proposed implementing regulations (the "Proposed Rule").

An Executive Order signed by President George W. Bush on June 6 will require federal government contractors to use E-Verify, the electronic employment verification system operated by U.S. Citizenship and Immigration Services (USCIS).

While Congress remains unable to agree on immigration reform, the Executive Branch has acted (see article above) and individual states continue to move forward with immigration legislation of their own.

E-Verify is a web-based program that allows employers to electronically verify the information provided on the Form I-9 including social security numbers with databases of the Social Security Administration (SSA) and the Department of Homeland Security (DHS). The Department of Homeland Security in conjunction with the Social Security Administration in 1996 established what is now the E-Verify program to supplement the current I-9 employment eligibility verification process.

The Bush Administration has taken three steps to begin to make good on a promise, made almost a year ago, to require all federal contractors to use E-Verify, part of a larger Administration plan to enhance immigration worksite enforcement within existing law. Federal contractors probably have several months to get ready to implement E-Verify, but the time has come to start.

President George W. Bush recently signed an Executive Order requiring all federal government contractors to use E-Verify to confirm the employment authorization of new hires and persons assigned to perform work on future federal contracts. E-Verify is the Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration to electronically verify employment eligibility of newly hired employees.

On June 9, 2008, President Bush issued an Executive Order to require federal contractors to use E-Verify, an electronic employment verification system, to confirm that certain employees of the contractor may legally work in the United States. On June 12, 2008, the Department of Defense, NASA, and General Services Administration issued a proposed rule that would amend the Federal Acquisition Regulations (FAR) to implement this new requirement . The new verification requirements will have broad-reaching application to any company that does business with the U.S. government as a contractor or subcontractor.

President Bush recently signed an Executive Order amending Executive Order 12989, requiring all federal contractors to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment eligibility of their employees. Department of Homeland Security (DHS) Secretary Michael Chertoff has designated the federal E-Verify program as the system to be used in accordance with the Executive Order.

On June 6, 2008, President Bush amended Executive Order 12989 to require all federal contractors "to utilize an electronic employment verification system designated by the Secretary of Homeland Security to confirm the employment eligibility of their workforce..." On June 9, 2008, the Department of Homeland Security proposed a rule that would make E-Verify the system required under the order.

Last month, we provided you with information about the E-Verify program. The Department of Homeland Security (DHS) also offers another program: the ICE Mutual Agreement between Government and Employers (IMAGE) program. The stated goal is “to help restore the integrity of the immigration system of the United States by utilizing industry outreach and self-policing.” Let’s just say IMAGE takes E-Verify and “kicks it up a notch.”

On Monday, the White House announced that President Bush has signed Executive Order 12989, requiring all federal government contractors to use an electronic employment eligibility verification system, as designated by the secretary of homeland security, to verify the employment eligibility of their workforce. Secretary of Homeland Security Michael Chertoff has already announced that the Internet-based E-Verify program is the system that must be used. Specifically, federal contractors, as a condition of each future federal contract, must agree to use E-Verify to verify the work authorization of all new hires and all persons assigned to work on a contract within the U.S.

President George W. Bush signed an amendment to Executive Order 12989 on June 6, 2008, that requires all Federal contractors to use E-Verify. This action is a continuation of the recent trend at both the federal and state levels to mandate E-Verify enrollment, which was designed as a voluntary program. The full text of the Executive Order is available online.

I-9 compliance and work authorization are hot topics in the human resources world. Two government programs, E-Verify and IMAGE, are aimed at addressing the problems employers face in maintaining a legal workforce. This article addresses E-Verify. The IMAGE program, which encompasses E-Verify, will be addressed in a subsequent E*Zine.

Across the country, states continue to enact their own employment-related immigration legislation, including legislation requiring certain employers to use E-Verify to electronically verify the employment eligibility of their newly hired employees. Currently, seven states have implemented laws requiring certain employers, and state contractors to use E-Verify. The seven states mandating the use of E-Verify are Arizona, Arkansas, Colorado, Georgia, Mississippi, Oklahoma, and Rhode Island.

On March 21, 2008, the Department of Homeland Security released a Supplemental Proposed Rulemaking for the no-match rule previously published in August 2007 (the 2007 Final Rule). Interested persons have 30 days to submit comments on the supplemental regulation. The 2007 Final Rule proposed amendments to the Immigration and Nationality Act by establishing safe harbor procedures for employers who receive Social Security Administration "no-match" letters.

As discussed in our August 14, 2007 Legal Alert, the Department of Homeland Security (DHS) issued its final rule setting forth a safe harbor from liability for employing unauthorized aliens for employers who follow certain procedures in responding to a Social Security Administration (SSA) No Match Letter or a DHS Notice of Suspect Documents (Safe Harbor rule). That rule subsequently was enjoined by a federal district court in California and currently is not in effect.

The Department of Homeland Security (DHS) released a Supplemental Proposed Rule on March 21, 2008, and published it in the Federal Register, reissuing its "No-Match Letter" guidance. A prior final rule was published on August 15, 2007, but a federal court enjoined implementation of the rule in October 2007. The litigation has been stayed awaiting DHS's supplemental rulemaking. The substance of the rule remains the same; DHS has attempted only to clarify the intent and impact of the prior rule.

On November 7, 2007, the United States Citizenship and Immigration Services ("USCIS"), issued a revised form I-9 employment eligibility verification form as well as a companion employer handbook (M-274) which provides instructions for completing the Form I-9. Both the new form I-9 as well as the employer handbook are downloadable PDFs available on www.uscis.gov. Employers without computer access can order the USCIS Forms by calling the toll-free number at 1-800-870-3676. Individuals can also request the forms and information on the new rules and regulations by calling the National Customer Service Center toll-free at 1-800-375-5283.

As previously reported, the Department of Homeland Security ("DHS") released the revised I-9 form on November 7, 2007. Employers are required to use the newly revised I-9 form no later than December 26, 2007. Employers who do not use the revised I-9 form on or after December 26, 2007 will be subject to all applicable fines and penalties under the Immigration and Nationality Act.

This edition gives a status report on the Department of Homeland Security's rule, announced in August 2007, addressing what employers should do upon receipt of a "no-match" letter from the Social Security Administration. Implementation of the rule was recently enjoined by a federal judge, and DHS is working on a revised rule. The article goes on to provide pointers on what employers can do in response to no-match letters pending publication of the revised rule.

On December 5, 2007, Department of Homeland Security ("DHS") Secretary Michael Chertoff released a statement confirming that DHS filed an appeal to the Ninth Circuit Court of Appeals requesting that the court lift the injunction against implementing the DHS no-match rule. On October 10, 2007, a federal court in California issued a preliminary injunction preventing DHS and the Social Security Administration ("SSA") from implementing the rule entitled Safe-Harbor Procedures for Employers Who Receive a No-Match Letter. The court enjoined SSA from sending out the no-match letters because the letters were to include DHS language threatening possible criminal and civil liability for employers that failed to respond to the letters.

The Department of Homeland Security has requested the U.S. District Court for the Northern District of California to delay proceedings, until March 1, 2008, in a lawsuit seeking to halt the implementation of the DHS's regulation on Social Security Administration no-match letters in order to allow DHS to engage in a new rulemaking effort. Judge Charles R. Breyer has scheduled a hearing on the motion for December 14, 2007. The motion was filed November 23.

The Department of Homeland Security (DHS) published the 2007 revised I-9 Form in the Federal Register on November 26, 2007. Accordingly, although DHS has indicated that it will not seek penalties against an employer for using a previous version of the form on or before December 26, 2007, after that date employers must use the revised form or face potential penalties for noncompliance.

Employer who fail to use the form will be subject to applicable penalties.

USCIS published a final notice in the Federal Register on November 26, 2007, requiring employers to start using the new Form I-9, Employment Eligibility Verification, beginning December 26, 2007. Employers may incur fines and penalties for failing to use the revised Form I-9 on or after this date.

U.S. Citizenship and Immigration Service (USCIS) announced in the November 26, 2007, Federal Register that all employers must transition to the revised Form I-9 no later than December 26, 2007. (A copy of the USCIS Press Release is attached.) Accordingly, effective December 26, 2007, employers who fail to use the revised form will be subject to applicable penalties.

On November 7, 2007, the U.S. CIS released the new I-9 form. The document should be implemented immediately by employers for their new hires.

The U.S. Citizenship and Immigration Services ("USCIS") today published a notice in the Federal Register that employers must transition to using the revised Employment Eligibility Verification Form I-9 not later than December 26, 2007. In line with the November 7, 2007 USCIS press release, employers have been given a thirty day grace period from publication of the notice to transition to the new I-9 form. Employers that do not transition to the revised form by December 26, 2007 will be subject to penalties.

The Department of Homeland Security has issued a revised form (Form I-9) for employers to use in verifying employment authorization of new employees.

On November 7, 2007, the U.S. Citizenship and Immigration Services (USCIS) issued a new Form I-9 document for use by employers. All employers are required to complete a Form I-9 for each employee hired in the United States. The Form I-9 establishes the employee’s identity and authorization to work in the United States, and must be completed within three days of hire. The new Form I-9 has been revised to comply with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

After years of delay, the U.S. Citizenship and Immigration Services (USCIS) announced yesterday the release of a newly-revised I-9 Employment Eligibility Verification Form. The new form reduces the number of employment authorization documents that employers are allowed to rely on as proof of identity and employment eligibility. USCIS is encouraging employers to start using the revised Form I-9 with new employees immediately. The form will actually become effective once the notice is published in the Federal Register, which is expected to happen in the very near future.

The U.S. Citizenship and Immigration Services (USCIS) has just released a revised Form I-9, Employment Eligibility Verification, for immediate use and a new M-274, Handbook for Employers, Instructions for Completing the Form I-9.

The U. S. Citizenship and Immigration Services (“USCIS”), formerly the Immigration and Naturalization Service (“INS”), recently announced the release of a new I-9 form for employers to use in verifying an employee’s authorization to work in the United States. The changes to the I-9 are relatively minor.

The U.S. Citizenship and Immigration Service (USCIS) (formerly the INS) recently announced the release of a new I-9 form to be used to verify an employee’s authorization to work in the United States. On the revised form, the government has eliminated 5 documents from List A of the List of Acceptable Documents. These documents are: Certificate of U.S. Citizenship (Form N-560 or N-570); Certificate of Naturalization (Form N-550 or N-570); Alien Registration Receipt Card (Form I-151); the unexpired Reentry Permit (Form I-327); and the unexpired Refugee Travel Document (Form I-571). The government also added the most recent version of the Employment Authorization Document (Form I-766) to List A.

U.S. Citizenship and Immigration Services (USCIS) has announced that a new Employment Eligibility Verification Form (I-9) is available for use. The Immigration Reform and Control Act (IRCA) of 1986 requires all U.S. employers to verify the employment eligibility and identity of all employees hired to work in the U.S. after November 6, 1986, by completing a Form I-9. Employers are required to retain I-9s for each employee for three years after the employee's date of hire, or one year after the date that employment is terminated, whichever is later. Employers are permitted to retain the I-9 in paper, microfilm, microfiche, or electronic format. In order to properly complete Form I-9, employees must provide, and employers must personally inspect, original documents that attest to the employee's identity and his or her authorization to work in the U.S.

U.S. Citizenship and Immigration Service (USCIS) issued a revised Form I-9 on November 7, 2007, Employment Eligibility Verification, and M-274, Handbook for Employers, Instructions for Completing the Form I-9.

The U.S. Citizenship and Immigration Services ("USCIS") yesterday issued a press release announcing that a revised I-9 form is now available for use. The changes to the I-9 are minor, dealing only with the list of documents that establish both identity and employment eligibility (List A). The documents that were removed from List A lacked security features that deter counterfeiting, tampering, and fraud. USCIS states that employers are "encouraged" to start using the revised I-9 form immediately but that use will be mandatory only after notice is published in the Federal Register. Littler Global will let you know when that publication occurs.

On November 7, 2007, U.S. Citizenship and Immigration Services (USCIS) released the revised I-9 form and the updated Handbook for Employers, Instructions for Completing the Form I-9. The revised I-9 form reduces the number of documents employers may accept for newly hired employees during the employment eligibility verification process in compliance with the reduction requirements of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

On November 7, 2007, the U.S. CIS released the new I-9 form. The document should be implemented immediately by employers for their new hires.

Implementation of the new No-Match Safe Harbor Rule issued by the Department of Homeland Security (DHS) has been blocked indefinitely pending a full federal court proceeding. DHS is now prohibited from enforcing its No-Match Safe Harbor rule until resolution of this lawsuit, which could take a year or longer to reach.

The Social Security Administration (“SSA”) currently issues “no-match” letters to employers who submit more than 10 W-2s in a wage report that do not match SSA’s records and the no-matches exceed at least half of one percent of all the W-2s in the wage report. Prior to the current policy, the SSA was issuing “no-match” letters to all employers whose wage reports contained one or more no-match record. The change in policy has resulted in fewer “no-match” letters being sent to employers. In 2003, when the current policy was first implemented, SSA issued 125,000 no-match letters to employers, 770,000 less than in 2002.

A federal judge has issued a nationwide preliminary injunction against enforcement of the Department of Homeland Security's ("DHS") new rule entitled "Safe Harbor Procedures for Employers who Receive a ‘No- Match' Letter." The rule was scheduled to go into effect on September 14, 2007. It contained a safe harbor provision that outlined several steps that employers could take to avoid having social security "No-Match" letters used against them as evidence that they knowingly employed unauthorized aliens.

On October 10, 2007, a San Francisco district court judge granted an order preventing the implementation of the new Social Security No-Match regulations. U.S. District Judge Charles R. Breyer halted over 140,000 no-match letters from being issued by the Social Security Administration (SSA) to employers relating to approximately 8 million employees. This order was granted in connection with a lawsuit filed against the Department of Homeland Security (DHS) by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and other organizations on the grounds that the new regulations could lead to mass layoffs in low-wage industries. The order is in effect until a final decision can be reached in the case (which could be many months).

Based upon a recent decision by a federal judge in California, the Department of Homeland Security (DHS) cannot take steps to enforce its new “safe harbor” regulation regarding Social Security Number (SSN) mismatches until legal challenges to the regulation can be resolved. See American Federation of Labor v. Chertoff (N.D. Cal. October 10, 2007). Thus, while the new regulation’s 90-day time period for resolving SSN mismatches currently is not in effect, employers are still required, as they have always been, to respond to no-match letters in a reasonable manner. Employers will not likely receive any further clarification from DHS regarding specific steps required to resolve no-match letters until a court resolves the legal challenges to the new regulation.

On October 10, 2007, the U.S. District Court for the Northern District of California ruled that the "Social Security No Match Safe Harbor" regulations ("Final Rule"), published by the Department of Homeland Security (DHS) in August 2007, may have serious legal defects. Accordingly, the court entered a preliminary injunction against the regulations, replacing an August 31, 2007, temporary restraining order and effectively barring the government from publishing mismatch notices under the Final Rule for the foreseeable future. Absent intervention by a higher court, this injunction in AFL-CIO v. Chertoff indefinitely puts on hold the DHS Final Rule.

On October 10th, the U.S. District Court for the Northern District of California issued a preliminary injunction blocking implementation of the Department of Homeland Security ("DHS") rule that would use Social Security mis-match records as a tool for immigration enforcement.

A federal judge has issued a preliminary injunction barring the Department of Homeland Security (DHS) from implementing its "no match" regulation that was originally set to take effect on September 14, 2007. The preliminary injunction also halts SSA/DHS from issuing notices of the new regulation to 140,000 employers across the country.

Judge Charles Breyer of the United States District Court for the Northern District of California on October 10, 2007, granted a preliminary injunction, blocking the implementation of a new federal program that would require employers to verify Social Security numbers and fire workers whose numbers did not match official records. Previously, on October 1, 2007, the judge issued a temporary restraining order that kept the Social Security Administration (SSA) from sending out 140,000 "no-match" letters that would have affected 8 million workers.

On Monday, a federal judge in the Northern District of California extended for 10 days a temporary restraining order that stops the implementation of a new Department of Homeland Security (DHS) rule that would affect employers' responsibilities in verifying workers' employment authorization.

Judge Breyer of the United States District Court for the Northern District of California on October 1, 2007, extended for 10 days a temporary restraining order stopping the government from implementing the Department of Homeland Security (DHS) rules on employer obligations when receiving Social Security Administration (SSA) "no-match" letters. The judge's order also stops the SSA from beginning to send notices to approximately 140,000 employers across the country notifying them of the new rules.

As we previously reported, the Department of Homeland Security (DHS) issued a final rule, scheduled to take effect on September 14, 2007, that would affect employers' responsibilities in verifying workers' employment authorization. Under the final rule, employers are expected to take specific steps when receiving a Social Security Administration (SSA) no-match letter to ensure they are complying with legal hiring requirements.

The recently issued Department of Homeland Security's (DHS) Final Rule regarding employers' obligations to respond to the Social Security Administration's (SSA)Social Security Number (SSN) mismatch notices was temporarily put on hold when on August 31, the U.S. District Court for the Northern District of California granted a nationwide Temporary Restraining Order (TRO) enjoining the implementation of the Rule, at least until after a hearing scheduled for October 1, 2007 on a preliminary injunction motion.

On September 14, 2007, new regulations were scheduled to go into effect that would directly impact many employers throughout the United States. These regulations defi ne when an employer has “constructive knowledge” that an employee lacks authorization to work legally in the United States. Immigration and Customs Enforcement (ICE) has stated that employers who fail to comply with the new rule may be found to have constructive knowledge of hiring an unauthorized worker and may face substantial penalties.

Regulations that become effective on September 14, 2007 will require employers to become active participants in verifying the identity of employees whose social security numbers do not match government records. The regulations issued by the Department of Homeland Security (DHS) are intended to ensure that only persons authorized to work in the United States become and remain employed. Employers who do not comply with the new rules can be considered as having “knowingly” hired an illegal worker and can face substantial fi nes.

Although Congress came close to passing an immigration reform bill this term, there has been no substantive change to the immigration laws. Yet, the Department of Homeland Security (DHS) and its Immigration and Customs Enforcement division (ICE) have increased enforcement of the existing law’s employment provisions. Thus, the former agency, the Immigration and Naturalization Service (INS), filed 25 complaints against employers for employing undocumented aliens in 2002, which was the INS’s last full year of existence. ICE filed 716 complaints in 2006. Some employers faced jail time for these criminal violations, including managers of employment services and the owner of a chain of donut shop franchises.

On Friday, August 31, a federal district court judge granted a nationwide temporary restraining order placing a hold on the Department of Homeland Security’s (DHS) new Social Security No-Match regulations. The final regulations were scheduled to take effect on September 14 (see the Ogletree Deakins’ E-Alert dated August 10, 2007.) The ruling also puts a hold on the federal government’s plan to start sending out No-Match Letters today.

A federal judge in San Francisco issued an order temporarily blocking the Department of Homeland Security from implementing its new “No-Match” Rule. The order will not only delay enforcement of the new Rule, but also puts on hold the government’s plan to send 140,000 No-Match letters to employers between September 4 and November 9 this year. These letters would affect several million employees. The judge will further consider the case against implementation of the Rule on October 1; the No-Match Rule will have no legal effect until at least that date.

The final rule for the ICE No-Match regulations will go into effect next month. The regulations provide employers with guidance on how to deal with the receipt of a No-Match letter from either the Social Security Administration (SSA) or from the Department of Homeland Security (DHS). The new regulations expand the definition of “constructive knowledge” as it pertains to the employee’s employment authorization. A “safe harbor” is provided to employers who have followed the regulations and are subsequently targeted for an audit.

The Department of Homeland Security (DHS) has issued new regulations providing guidance to employers who receive a “no match” letter from the Social Security Administration (SSA) indicating that the employer has submitted a W-2 form in which the combination of name and social security number does not match SSA records. The regulations also address the situation in which the employer receives a letter from DHS called a “Notice of Suspect Documents,” indicating that DHS has been unable to confirm that an immigration status document or employment authorization document used by an employee in completing an I-9 form was assigned to that person.

The final mismatch or "no match" regulation appears in today's Federal Register. Thus, the rule will be in effect September 14, 2007. Employers need to get ready now.

The Department of Homeland Security (DHS) issued a final rule today that will affect employers' responsibilities in verifying workers' employment authorization. Every year, the Social Security Administration (SSA) issues "no-match" letters to employers informing them that certain employees' names and corresponding Social Security numbers provided on Forms W-2 do not match its database. The new DHS regulations provide specific steps employers must take when receiving a no-match letter to ensure they are complying with legal hiring requirements.

After more than a year of anticipation, the Department of Homeland Security (DHS) has at last issued a Final Rule addressing an employer's obligations in response to receipt of a social security number (SSN) mismatch notice from the Social Security Administration (SSA). The final rules are materially similar to the draft published for comment in June 2006. (See DHS Publishes Proposed "Safe Harbor" Procedures for Employer Who Receive "No-Match" Letters) On Friday, August 10, 2007, DHS published the Final Rule ("Safe-Harbor Procedures for Employers Who Receive a No-Match Letter"), with publication in the federal register expected this week. The Final Rule states that receipt of a Social Security Administration (SSA) no-match letter can be evidence that the employer has constructive knowledge that an employee lacks work authorization; however the Final Rule also creates safe harbor procedures for employers to avoid liability. It is anticipated that the regulations will take effect 30 days after publication in the Federal Register.

Today, the Department of Homeland Security (DHS) implemented new rules regarding Social Security No-Match Letters. Under the regulations, new specific legal obligations are imposed on employers that receive the so-called "no-match" letter from the Social Security Administration (SSA). A no-match letter may be issued when an employee's social security number does not match the employee's name in the SSA database.

Today,the Department of Homeland Security announced publication of a final rule establishing safe harbor procedures for employers who receive an SSA mismatch letter or notice from DHS that an individual lacks authorization to work.

On August 15, 2007, the Department of Homeland Security (“DHS”) published the final “Safe Harbor Procedures For Employers Who Receive A No-Match Letter” regulation in the Federal Register. This Rule sets forth recommended procedures for employers to follow after receiving a No-Match Letter from the Social Security Administration (“SSA”) or a Notice of Suspect Documents from DHS. Following these recommended procedures can help employers avoid civil and criminal liability for employing an unauthorized worker. The final “No-Match Safe Harbor Rule” will take effect on September 14, 2007.

The Social Security Administration (“SSA”) currently issues “no-match” letters to employers who submit more than 10 W-2s in a wage report that do not match SSA’s records and the no-matches exceed at least half of one percent of all the W-2s in the wage report. Prior to the current policy, the SSA was issuing “no-match” letters to all employers whose wage reports contained one or more no-match record. The change in policy has resulted in fewer “no-match” letters being sent to employers. In 2003, when the current policy was first implemented, SSA issued 125,00 no-match letters to employers, 770,00 less than in 2002.

Colorado is the first state to impose employment verification obligations in addition to those already imposed by the federal requirments (the I-9).

What Obligations Do Employers Have Relating to Verifying the Employment Eligibility of All Employees?

What Obligations Do Employers Have Relating to Verifying the Employment Eligibility of All Employees?

On June 15, 2006, the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security (“ICE”) published an interim rule which permits employers who are required to complete and retain I-9 forms to sign and retain these forms electronically. This interim rule appears in the Federal Register at: 71 FR 34510 - 34517 and became effective on June 15, 2006.

Many employers who receive a “no match” or “mismatch” letter from the Social Security Administration (“SSA”) question what it means and how to respond. A “no match” letter simply means that an employee’s name or social security number on a W-2 does not match the SSA records. An employee’s mere appearance on a “no match” letter does not mean the employee is not authorized to work in the United States. Indeed, there could be many reasons for the “no match” that have nothing to do with an employee’s work status, such as a name change, marriage, etc.

The “I-9” is what people use to describe the Employment Eligibility Verification Forms I-9 and is one of the tools used by the government to try to ensure that employers are hiring only those individuals eligible to work in the United States.

Recent media reports revealing that employers indicted for harboring illegal aliens had disregarded hundreds of Social Security mismatch notifications (See Immigration Raids Signal New Enforcement Emphasis by ICE (June 2006)) have, at last, led the Department of Homeland Security (DHS) to address the role that mismatch letters should play in assessing the legitimacy of work authorization. On Wednesday, June 14, DHS published in the Federal Register proposed rules outlining recommended procedures for employers to follow in response to mismatch notices in order to stave off claims that mismatch notices provided constructive knowledge that the company employed unauthorized alien workers.

On June 14, 2006, the Bureau of Immigration and Customs Enforcement ("ICE"), of the Department of Homeland Security ("DHS"), published a proposed regulation regarding how employer(s) respond to mis-match letters from the Social Security Administration ("SSA") (71 FR 34281 (06/14/06). The proposed regulation specifies "safe harbor" procedures for employers which receive such letters.

The Social Security Administration has recentlytaken steps to ensure the integrity of Social Securitynumbers (“SSN’s”). The Social Security Administrationhas implemented a new online program available toemployers and certain third party submitter