WASHINGTON (CN) – The Department of Homeland Security has rescinded a rule in which a letter indicating that an employee name and social security number do not match could be used as evidence that the employer had constructive knowledge that the employee lacked work authorization.
Under the wording effective Nov. 6, such a “No-Match letter” may be one indicator to an employer that an employee may be an unauthorized alien, but not constructive knowledge of the fact, by itself. An employee name and social security number not matching could be due to something as simple as a name change or typo.
The rule had been preliminarily enjoined by the U.S. District Court for the Northern District of California, and had never gone into effect.
The agency has decided to concentrate its efforts, instead, on increased compliance through improved verification, including participation in E-Verify, the U.S. Immigration and Customs Enforcement’s ICE Mutual Agreement Between Government and Employers, and other programs.
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