The Social Security Administration (SSA) March 22 resumed sending “no-match” letters to employers when an employee’s name does not match the Social Security number provided on his or her W-2 Form.

SSA suspended sending the letters in 2007 due to litigation surrounding a proposed rule by the Department of Homeland Security. The proposed rule provided employers a safe harbor from civil and criminal liability for knowingly continuing to employ an unauthorized alien if that employer followed a certain set of actions. In 2009, the Department of Homeland Security (DHS) rescinded the rule and ended the litigation.

More information is available from SSA in the form of frequently asked questions. ABC members who have further questions about the no-match letters are encouraged to seek legal counsel.  In addition, the U.S. Citizenship and Immigration Services (USCIS) April 15 published a final rule revising the Form I-9 by removing five previously acceptable identity documents and adding a new one. The final rule adopted the changes made by a 2007 interim rule.

For more information, including a handbook explaining and facilitating the Form I-9 process, visit the USCIS website.