DHS Issues Final Rule Containing “Safe Harbor” Provisions for Employers Receiving SSA No-Match Letters

September 01, 2007

The Department of Homeland Security (“DHS”) has published a final rule detailing the legal obligations of an employer upon receipt of a “nomatch” letter from the Social Security Administration (“SSA”), or a letter regarding employment verification forms from the DHS. Intended to help employers ensure that they are employing only legal workers, the new regulation identifies safe harbor procedures for an employer to follow to avoid liability, which includes fines and penalties, for knowingly hiring or employing an illegal worker in violation of current immigration law.

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