No match rule

It has been feared for months, and could cause growers to fire some of their most productive workers. Here is the link to the 56 page PDF file for the final rule for the no-match safe harbor provisions for employers.

From the summary:

U.S. Immigration and Customs Enforcement is amending the regulations relating to the unlawful hiring or continued employment of unauthorized aliens. The amended regulation describes the legal obligations of an employer. under current immigration law. when the employer receives a no-match letter from the Social Security Administration or receives a letter regarding employment verification forms from the Department of Homeland Security. It also describes "safe-harbor" procedures that the employer can follow in response to such a letter and thereby be certain that the Department of Homeland Security will not use the letter as any part of an allegation that the employer had constructive knowledge that the employee referred to in the letter was an alien not authorized to work in the United States. The proposed rule adds two more examples to the current regulation's definition of "knowing" to illustrate situations that
may lead to a finding that an employer had such constructive knowledge. These additional examples involix an employer's failure to take reasonable steps in response to either of two events: ( I ) the employcr receives a written notice from the Social Security Administration (such as an "Employer Correction Request" commonly knomn as an employer 'ho match letter") that the combination of name and social security account number submitted to the Social Security Administration for an employee does not match agency records: or (2) the employer receives written notice from the Department of Homeland Security that the immigration status or employment-authorization documentation presented or referenced by the employee in completing Form 1-9 was not assigned to the employee according to Department of Homeland Security records. (Form 1-9 is retained by the employer and made available to DHS investigators on request, such as during an audit.) The rule also states that DHS will continue to review the totality of relevant circumstances in determining if an employer had constructive knowledge that an employee was an unauthorized alien in a situation described in any of the regulation's examples. The "safe-harbor" procedures include attempting to resolve the no-match and, if it cannot be resolved ~within a certain period of time, verifying again the employee's identity and employment authorization through a specified process.