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Safe Harbor Regulations

  • Phillip M. Perry
Nov 07
In August of 2007, the U.S. Immigration and Customs Enforcement division of the Department of Homeland Security issued new regulations that defined the steps to be taken by employers who receive "no match" letters. Those employers who follow the procedures are granted "safe harbor" from prosecution.

To access this information, visit the U.S. Immigration and Customs enforcement website - www.ice.gov - and click on "Safe Harbor for Employers Information Center." A series of documents describe what must be done after the receipt of a "no match" letter. In summary:

1) Within 30 days, check your records to ensure that the mismatch was not the result of a clerical error.

2) If this does not resolve the problem, ask the employee to confirm the accuracy of the employer's records.

3) Ask the employee to resolve the issue with the Social Security Administration within 90 days from the date the employer received the "no match" letter.

4) If the employee is able to successfully resolve the mismatch, ensure that the instructions in the SSA letter have been followed.

5) if the issue is still unresolved, initiate another verification round as if the employee were newly hired.
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