Homeland Security Unveils New "No-Match" Rule

U.S. Immigration and Customs Enforcement issued a final regulation that describes the requirements for employers when they receive "no-match letters" from the Social Security Administration or receive a letter regarding employment verification from the Department of Homeland Security.

The effective date was 30 days from the issuance of the final regulation. The rule finalizes a proposed rule from last June in which the DHS received about 5,000 comments from a wide variety of interested parties, including employers, unions, lawyers and advocacy groups.

Employers have been confused regarding their obligation upon receipt of no-match letters because the DHS and the SSA provided conflicting guidance and there has been a great deal of debate as to whether receipt of a no match letter creates notice to the employer that the employee is not authorized to work.