Small Business Owners, “Will you know what to do if you get a “No-Match” letter from the Social Security Administration?” Read further in order to protect yourself and your employees!
A No-Match letter is designed to identify an employee who may be using an illegal social security number. Small Business owners (SBs) who employ immigrants may receive a “No-Match” letter from the Social Security Administration (SSA). This is how the Department of Homeland Security (DHS) is checking the legal status of your employees. In effect, it's part of the wider government crackdown to ensure all workers across the country are legally authorized to work in the United States. The DHS recently released its "No-Match" regulation, 8 CFR Part 274a, which took effect September 14, 2007. The objective is to make it harder for illegal immigrants to use phony Social Security numbers to get a job. SBs will soon receive their No-Match letters from the SSA for any employee whose name and Social Security number do not match government records. The No-Match rule also applies to "Notice of Suspect Document" letters that firms may receive from U.S. Immigration and Customs Enforcement (ICE) to let them know there are inconsistencies with the immigration status or employment-authorization documents of an employee.
So, what must a business owner do when they receive a No-Match letter from either SSA or ICE? An employer must follow "reasonable steps" outlined by DHS in order to qualify for "safe harbor" status. If DHS determines that an employer had "constructive knowledge" that someone on the payroll was not authorized to work in the United States, they could be fined or penalized. And if an employer fails to take “reasonable steps” then their chances will also increase for being penalized or fined. To learn further what a "reasonable employer" would do to protect their business and employees, click to read the rest of this story at Fox News.
Employer groups still have many questions about the regulations and concerns regarding its practical impact, if so, DHS has developed a general Q&A document for you called, "Safe Harbor Procedure for Employers Who Receive a No Match Letter."
This article is an extract of a story written for Fox News by Karen Kerrigan.