United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2007_register executive 2010-09-22 article Rules and Regulations D09002ee1c80a6632 D09002ee1c80a6734 United States Department of Homeland Security originator org United States Government Agency or Subagency U.S. Immigration and Customs Enforcement is amending the regulations relating to the unlawful hiring or continued employment of unauthorized aliens. The amended regulation 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 receives a letter regarding employment verification forms from the Department of Homeland Security. It also describes "safe-harbor" procedures that the 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 any 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 final rule adds two more examples to the current regulation's definition of "knowing" to illustrate situations that may lead to a finding that an employer had such constructive knowledge. These additional examples involve an employer's failure to take reasonable steps in response to either of two events: The employer receives a written notice from the Social Security Administration (such as an "Employer Correction Request" commonly known as an employer "no match letter") that the combination of name and Social Security account number submitted to the Social Security Administration for an employee does not match agency records; or the employer receives written notice from the Department of Homeland Security that the immigration status or employment-authorization documentation presented or referenced by the employee in completing Form I-9 was not assigned to the employee according to Department of Homeland Security 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 states that DHS will continue to review the totality of relevant circumstances in determining if an employer had constructive knowledge that an employee was an unauthorized alien in a situation described in any of the regulation's examples. 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. 72 FR 45611 https://www.govinfo.gov/app/details/FR-2007-08-15/E7-16066 E7-16066 fr15au07-1 RIN 1653-AA50 4410-10-P ICE 2377-06 DHS Docket No. ICEB-2006-0004 https://www.govinfo.gov/app/details/FR-2007-08-15/E7-16066 https://www.govinfo.gov/content/pkg/FR-2007-08-15/html/E7-16066.htm https://www.govinfo.gov/content/pkg/FR-2007-08-15/pdf/E7-16066.pdf Administrative Practice and Procedure Aliens Employment Penalties Reporting and Recordkeeping Requirements 14 p. 45611 45624 72 FR 45611 Title 8 Part 274 8 CFR Part 274 RIN 1653-AA50 Safe-Harbor Procedures for Employers Who Receive a No-Match Letter; Federal Register Vol. 72, Issue RULE E7-16066 DEPARTMENT OF HOMELAND SECURITY 2007-09-14 ICE 2377-06 DHS Docket No. ICEB-2006-0004 4410-10-P E7-16066 Final rule.

U.S. Immigration and Customs Enforcement is amending the regulations relating to the unlawful hiring or continued employment of unauthorized aliens. The amended regulation 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 receives a letter regarding employment verification forms from the Department of Homeland Security. It also describes "safe-harbor" procedures that the 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 any 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 final rule adds two more examples to the current regulation's definition of "knowing" to illustrate situations that may lead to a finding that an employer had such constructive knowledge. These additional examples involve an employer's failure to take reasonable steps in response to either of two events: The employer receives a written notice from the Social Security Administration (such as an "Employer Correction Request" commonly known as an employer "no match letter") that the combination of name and Social Security account number submitted to the Social Security Administration for an employee does not match agency records; or the employer receives written notice from the Department of Homeland Security that the immigration status or employment-authorization documentation presented or referenced by the employee in completing Form I-9 was not assigned to the employee according to Department of Homeland Security 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 states that DHS will continue to review the totality of relevant circumstances in determining if an employer had constructive knowledge that an employee was an unauthorized alien in a situation described in any of the regulation's examples. 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.

This rule is effective September 14, 2007. Ron Shelkey, Office of Investigations, Worksite Enforcement Unit, U.S. Immigration and Customs Enforcement, Department of Homeland Security, 425 I Street, NW., Room 1000; division 3, Washington, DC 20536. Telephone: (202) 514-2844 (not a toll-free number). Administrative Practice and Procedure Aliens Employment Penalties Reporting and Recordkeeping Requirements Immigration: Aliens Unauthorized and unlawful hiring or continued employment; safe-harbor procedures for employees who receive a no-match letter, http://uscis.gov/graphics/services/SAVE.htm http://www.ice.gov/partners/opaimage/index.htm http://www.ssa.gov/employer/ssnv.htm http://www.ssa.gov/employer/ssnvadditional.htm http://www.uscis.gov/graphics/services/SAVE.htm https://www.vis-dhs.com/EmployerRegistration www.regulations.gov Vol. 72, no. 157 Office of the Federal Register, National Archives and Records Administration 2007-08-15 continuing daily deposited born digital 279 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2007-08-15 P0b002ee180950229 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr15au07 https://www.govinfo.gov/app/details/FR-2007-08-15 https://www.govinfo.gov/content/pkg/FR-2007-08-15/pdf/FR-2007-08-15.pdf https://www.govinfo.gov/content/pkg/FR-2007-08-15/xml/FR-2007-08-15.xml fdlp 45611 45878 DGPO 2010-09-22 2024-06-05 FR-2007-08-15 machine generated eng FR FR-2007-08-15 72 157