Social Security No-Match Letter Process Gets An Overhaul
Social Security No-Match Letter Process Gets An Overhaul
Ridgewood , New Jersey - June 12, 2006
The deadlock continues as Congress discusses comprehensive immigration reform. However, notwithstanding that deadlock, the U.S. Department of Homeland Security ("DHS") plans to announce the proposed implementation of regulations aimed at strengthening enforcement efforts designed to prevent employers from hiring immigrants who are not properly authorized to work in the U.S.
Both the House and Senate have proposed bills that contain changes in worksite enforcement. The proposed bills seek modifications to the Immigration Reform and Control Act of 1986 ("IRCA"), which include hefty fines and criminal penalties for employers who knowingly hire unauthorized workers. DHS Secretary, Michael Chertoff, recently stated that "anything we can do using our own existing authority, we ought to do . . . what we can't do, we should work with Congress to accomplish."
The rule slotted for proposal will target employers who have received notices from the Social Security Administration which shows that an employee's social security information does not match the information provided by the employee. The proposed rule requires employers to use "due diligence" and to take certain clearly specified steps to investigate mismatched employees or they may face penalties. Read an advance copy (PDF) of the regulation to be posted in the Federal Register.
Under the proposed new rule, employers that follow-up on mismatched employees will have a "safe harbor" (protection) against governmental liability. If they ignore the mismatch notices and the worker(s) turn out to be unauthorized, their failure to act may be considered "evidence that can be used against them," Chertoff said.
For more information about Social Security Mismatch Issues and other Employment Verification Procedures, contact our office at 201-670-0006 or e-mail us at info@visaserve.com.
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Visaserve.Com
David H. Nachman
Attorney at Law
(Immigration & Nationality Law)
email:
david_nachman@visaserve.com
phone: 201-670-0006
