August 5, 2009

Will It Ever End? Return of the E-Verify and No Match Rules

Filed under: Employment Law — Tags: , — Jane @ 1:11 pm

The Bush administration sought to crackdown on immigration violations by employers by formulating the E-Verify and Social Security No Match Regulations.  Implementation of these two tools has been delayed for review by the Obama administration, and in the case of “No Match,” a federal court.  Despite all the talk, rescheduling, rescheduling, and rescheduling, these never fully took effect.  And, all of us are pretty sick of hearing about them.  (Perhaps that’s just me?)

Anyway, you’ll remember that E-Verify is an electronic system that lets employers use the Department of Homeland Security and Social Security databases to verify new hires.  The Obama administration has announced that it will implement E-Verify.  Therefore federal contractors should be prepared to implement it on September 8th.  Note that some states also require that it be used.

The Department of Homeland Security has indicated that it will not implement the No Match regulations. The No Match letters would require that employers address discrepancies in new hires’ Social Security numbers. However, to confuse the issue further, it’s unclear whether the Social Security Administration will continue to send these letters. 

Confused?    You are not alone.

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