View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DHS/USICE RIN: 1653-AA50 Publication ID: Fall 2007 
Title: Safe-Harbor Procedures for Employers Who Receive a No-Match Letter 
Abstract: The U.S. Immigration and Customs Enforcement hereby amends the regulations relating to the unlawful hiring or continued employment of unauthorized aliens. The amended regulations describes the legal obligations of an employer, under current immigration law, when the employer receives a no-match letter from the Social Security Administration or the Department of Homeland Security. It also describes "safe harbor" procedures an employer can follow in response to such a letter and thereby be certain that the Department of Homeland Security will not use the letter as part of an allegation that the employer had constructive knowledge that the employee referred to in the letter was an alien not authorized to work in the United States. The rule adds two more examples of situations that may lead to a finding that an employer has constructive knowledge to the current regulation's definition of "knowing." These additional two examples involve an employerÂ’s failing to take reasonable steps in response to one or the other of two events: (1) The employer receives written notice from the Social Security Administration (SSA) that the name and social security account number submitted for an employee do not match SSA records; or (2) the employer receives written notice from the Department of Homeland Security (DHS) that the immigration-status or employment-authorization documentation presented or referenced by the employee in completing Form I-9, Employment Eligibility Verification, was not assigned to the employee according to DHS records. (Form I-9 is retained by the employer and made available to DHS investigators on request, such as during an audit.) The rule also describes steps that DHS considers to be a reasonable response, and clarifies that whether DHS will find that an employer had constructive knowledge that an employee was an unauthorized alien will depend on the totality of relevant circumstances. The "safe-harbor" procedures include attempting to resolve the no-match and, if it cannot be resolved within a certain period of time, verifying again the employee's identity and employment authorization through a specified process. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CRF 274a     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 USC 1101    8 USC 1103    8 USC 1314a   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Proposed Rule  06/14/2006  71 FR 34281   
Comment Period End  08/14/2006    
Final Rule  08/15/2007  72 FR 45611   
Final Rule Effective  09/14/2007    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Ron Shelkey
Department of Homeland Security
U.S. Immigration and Customs Enforcement
425 I Street NW.,
Washington, DC 20536
Phone:202 514-2844