More from NILC:
The Department of Homeland Security (DHS) has announced that it has finalized its rule entitled "Safe Harbor Procedures for Employers Who Receive a No-Match Letter."
What we know
The rule is expected to be published in the Federal Register on Monday August 13, 2007, and will become effective thirty days after the publication. The rule sets forth the steps employers should take if they want to avail themselves of the "safe harbor procedures" upon receipt of a no-match letter from the Social Security Administration (SSA) or DHS.
SSA will begin sending this year's no-match letters to approximately 140,000 employers this fall. These letters will correspond to approximately 8 million workers. Although we haven't seen the final letter from SSA, we are informed that it will still contain the strong language warning employers against taking any adverse action against workers. It will also reference the DHS insert, which SSA will send along with the no-match letter. DHS has a Fact Sheet, posted on its website.
Within 30 days of a No-Match Letter:
An employer should promptly check its records to ensure that the discrepancy or "no-match" is not a result from a typographical or clerical error.
If there is an error, the employer should correct the information with the appropriate agency and should verify the corrected data with the relevant agency (SSA or DHS) .
If the discrepancy cannot be resolved, the employer should "promptly" request the employee to confirm the name and social security account number in the employer's records.
If the worker corrects the information, the employer must take the proper steps to notify the appropriate agency and to verify the corrected data with the relevant agency (SSA or DHS).
If the worker states the information is correct, the reasonable employer would advise the employee to visit the relevant agency to correct the information.
DHS considers that a no-match has been resolved only when the employer verifies with DHS or SSA that the information corresponds with the proper agency's records. For example, if a worker provides a new Social Security number (SSN), the employer would have to verify with SSA that it is a valid SSN.
DHS Fact Sheet: http://www.nilc.org/immsemplymnt/SSA_Related_Info/DHS_Final_Rule/SSA_No-Match_Fact_Sheet.pdf
Sample SS No-Match Letter: http://www.nilc.org/immsemplymnt/SSA_Related_Info/DHS_Final_Rule/SSA_Insert_Letter.pdf
No comments:
Post a Comment