"No Match" Letter Update
An estimated 138,000 "no match" letters may soon go out to employers across the country, if Department of Homeland Security (DHS) Secretary Michael Chertoff has his way.
"No match" letters are notifications to employers that an employeeís name and social security number do not correspond. According to new regulations proposed by DHS, upon receiving a "no match" letter, employers would be required to resolve the inconsistency within 90 days or they could be found liable for having constructive knowledge of an employeeís lack of legal status.
But a coalition of labor, business and civil liberties groups filed suit to stop the rule from taking effect, and in October, 2007 a federal judge entered a preliminary injunction against the new regulations.
"This is bad for immigration enforcement and bad for Americaís law-abiding employers and their legal workers," Mr. Chertoff said. "I believe that the no-match rule is a major step forward in preventing employment of illegal migrants. DHS is not abandoning it."
The Justice Department has filed an appeal on behalf of DHS to the Ninth District Court of Appeals. DHS is also rewriting portions of the rule to address some of the courtís concerns. DHS expects to complete the revisions by the end of March, if not sooner, and it is very likely that no-match letters will again be in the mail.
Extensis advises employers to maintain appropriate record-keeping practices until this matter is resolved. We will continue working with our clients to ensure compliance with the new "no match" regulations when they are issued. Please contact Extensis Human Resources with any questions at 888.473.6398 or e-mail hr@extensisnj.com.