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Proposed Safe-Harbor Rules for Responding to Social Security No-Match Letters
By Christopher R. Helm, James M. Mei, and Richard M. Rawson
[June 2006]
The Bureau of Immigration and Customs Enforcement (ICE) of the Department of Homeland Security issued proposed rules on June 14, 2006, which set forth a new “safe-harbor” procedure that employers can follow in responding to a no-match letter from the Social Security Administration (SSA). The safe-harbor procedure includes attempting to resolve the no-match and, if it cannot be resolved within 60 days, re-verifying the employee’s identity and employment authorization through a modified I-9 process. The proposed rules, if adopted, would significantly change the way employers respond to no-match letters from SSA. For further details and the text of the proposed rules, click here.
Our prior advisory bulletin on this topic may also be found at http://www.dwt.com/practc/empservices/bulletins/07-03_ssletters.htm.
You should consult with your employment or immigration lawyer if you have any questions about how to respond to an SSN no-match letter or if you have any other questions about the I-9 employment eligibility verification process.
For additional information, go to www.ssa.gov/employer or call 1-800-772-6270 (7am to 7pm, EST, M-F). Also see IRS Pub. 393 “Federal Employment Tax Forms” and SSA Pub. 31-011, “Software Specifications and Edits for Annual Wage Reporting.” IRS Pub. 15, Circular E, “Employer’s Tax Guide” contains instructions for recording employee’s names and SSNs.
For more information, please contact:
This Immigration Law Advisory is a publication of the Employer Services Department of Davis Wright Tremaine LLP. Our purpose in publishing this Advisory is to inform our clients and friends of recent developments inimmigration law. It is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may only be given in response to inquiries regarding particular situations.
Copyright © 2006, Davis Wright Tremaine LLP.
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