Immigration Enforcement

DHS to Revive No-Match Regulations

Department of Homeland Security (DHS) Secretary Michael Chertoff announced on October 23rd that the Administration will ask a federal judge to lift a stay on new federal no-match regulations, a move that has angered both the U.S. Chamber of Commerce and the American Civil Liberties Union (ACLU). If DHS is successful in reviving the regulation, the government could begin mailing no-match notices to an estimated 140,000 employers regarding suspect Social Security numbers and immigration documents. (The Washington Post, October 24, 2008)

The No-Match Regulation, which was finalized in September 2007, provides a “safe harbor” protocol for employers who receive a no-match letter. Sent by either the Social Security Administration (SSA) or DHS, these letters notify employers that there is a discrepancy with the information provided by the employer on an employee’s I-9 form. Under the regulation, an employer who receives a no-match letter:

  • Has 30 days to check the appropriate records and determine if the discrepancy was caused by a clerical error, correct the error with SSA, and verify that the corrected name and Social Security number match SSA’s records;
  • Must contact the local DHS office in accordance with instructions included in the letter to resolve discrepancies in the stated immigration status of the employee, if the letter was sent by DHS;
  • Must attempt to re-verify the worker’s employment eligibility by completing a new I-9 employment verification form, if the discrepancy cannot be resolved with either SSA or DHS within 90 days of receipt of a no-match letter.

Additionally, if the employer cannot verify the employee’s work eligibility through completion of a new I-9 form, the employer may terminate the employee. If the employee is retained, the employer could be determined to have constructive knowledge that they are continuing the employment of an illegal alien. (See, Safe-Harbor Procedures for Employers Who Receive a No-Match Letter, ICEB-2006-0004-0001, June 14, 2006)

The regulation was stayed by U.S. District Court Judge Charles Breyer after a suit was brought against it by the U.S. Chamber of Commerce, the American Civil Liberties Union and the AFL-CIO. In March 2008, DHS responded to the court’s concerns by publishing a supplemental Proposed Rule that included a more detailed analysis of how the Department developed the regulation and an economic analysis of the rule. (See, Small Entity Impact Analysis: Supplemental Proposed Rule “Safe- Harbor Procedures for Employers Who Receive a No- Match Letter, ICEB-2006-0004)

In response to Chertoff’s announcement, Randel K. Johnson, a vice president of the U.S. Chamber of Commerce, told the Washington Post, “We are looking at our litigation options,” (The Washington Post, October 24, 2008)

Chertoff commented on the Supplemental Rule finalized October 23rd: “The additional information in this supplemental rule addresses the specific items raised by the Court, and we expect to be able to quickly implement it. The No-Match Rule, along with E-Verify, will increasingly make the pleas of ignorance from businesses that seek to exploit illegal labor ring hollow, and equip their responsible competitors with the tools they need to hire and maintain a legal workforce.” (Media Newswire, October 23, 2008)

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October 27, 2008 Posted by | Uncategorized | , , | Leave a comment

Social Security Number Verification Service (SSNVS) for employee verification

Overview

There are two Internet verification options you can use to verify that your employee names and Social Security numbers match Social Security’s records. You can:

  • Verify up to 10 names and SSNs (per screen) online and receive immediate results. This option is ideal to verify new hires.
  • Upload overnight files of up to 250,000 names and SSNs and usually receive results the next government business day. This option is ideal if you want to verify an entire payroll database or if you hire a large number of workers at a time.

While the service is available to all employers and third-party submitters, it can only be used to verify current or former employees and only for wage reporting (Form W-2) purposes.

silver ball Why Should I Verify Names and SSNs Online

  • Correct names and SSNs on W-2 wage reports are the keys to the successful processing of your annual wage report submission.
  • It’s faster and easier to use than submitting your requests paper listings or using Social Security’s telephone verification option.
  • Results in more accurate wage reports.
  • Saves you processing costs and reduces the number of W-2cs.
  • Allows Social Security to properly credit your employees’ earnings record, which will be important information in determining their Social Security benefits in the future.

silver ball Steps to Register for SSNVS

  1. Register to Use SSNVS – Registration is required through www.ssa.gov/bso/bsowelcome.htm. Third-party preparers need only register once in their own firm’s name. Complete the registration form and select your own password. Social Security will verify your identity against our records and display a User ID. Make note of your the User ID, password and expiration date. www.ssa.gov/employer/ssnvs_handbk.htm
  2. Request Access and Activation Code – Return to www.ssa.gov/bso/bsowelcome.htm
    and login in with your User ID and password. Select “Request Access and Activation Code.”
  3. Activation Code is Mailed to Your Employer – Your employer should give you the activation code which allows you access to SSNVS.
  4. Login to Use the Service – Go to www.ssa.gov/bso/bsowelcome.htm, select Login, input your User ID, password and activation code and you will be able to use the service.

NOTE: For more detailed instructions on registering and/or using SSNVS, get a copy of the www.ssa.gov/employer/ssnvs_handbk.htm.

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October 15, 2008 Posted by | Uncategorized | , , , , , , , | Leave a comment

Chep pledges crackdown on undocumented workers, signs on to E-Verify

By Brian Frederick

(Oct. 13, 12:19 p.m.) Orlando, Fla.-based Chep USA has signed an agreement with the U.S. Immigrations and Customs Enforcement, pledging to weed out undocumented workers.

By signing the ICE Mutual Agreement between Government and Employers in September, Chep agrees to train its staff on best hiring practice and use federal government screening tools to ensure employees have legal work authorization, said director of human resources operations Thomasina Kennedy.

“We did it because it’s the right thing to do,” Kennedy said. “We believe that the employment practices we have are best in class and ICE was looking for employers as partners to provide model practices for other employers.”

Chep joins 26 other companies from around the country, representing a wide range of industries, who have signed the agreement, which allow immigration and customs officials to assess their practices on hiring and check employment records.

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October 14, 2008 Posted by | Uncategorized | , , , , , | Leave a comment

States Require E-Verify

Employers in several states, including Mississippi, Colorado and Arizona, are required by law to use EVerify to check every new employee’s documentation.

In Texas, Hawaii, Michigan and eleven other states, employers are strongly urged to use E-Verify.

Tax incentives are offered in some states, like Georgia, to employers that utilize EVerify.

Government employees, state contractors and sub-contractors are already required to use EVerify by most states.

Many states are currently working on legislation to require private employers to use EVerify, too.

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October 10, 2008 Posted by | Uncategorized | , , , | Leave a comment