New Safe Harbor procedures announced for Social Security No Match letters

Mushroom News, Oct, 2007 by Laura Phelps

5) If none of the foregoing measures resolves the matter within 90 days of receipt of the No Match letter, the employer should complete, within three days, a new 1-9 Form as if the employee in question were newly hired, except that no document may be used to verify the employee's authorization for work that uses the questionable Social Security number. Additionally, the employee must present a document that contains a photograph in order to establish identity or both identity and employment authorization.

If the employer cannot confirm that the employee is authorized to work (by following the above procedures), the employer risks liability for violating the law by knowingly continuing to hire unauthorized workers.

What are the penalties if an employer ignores the No Match letter and DHS/ICE establishes that the employer hired unauthorized workers?

The employer may be subject to a civil monetary penalty ranging from $275 to $2,200 per unauthorized worker for a first violation. Higher penalties can be imposed for subsequent violations. Further, criminal charges may be brought against any person or entity that engages in a pattern or practice of knowingly hiring or continuing to employ unauthorized workers. The employer may also face related criminal charges such as harboring aliens and money laundering. Given these potential penalties, it is important that employers act after receiving No Match letters.

Laura Phelps

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AMI President

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