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ARTICLE · 16 AUGUST 2007

Employers Face Risk Of Increased Liability for Unauthorized Work

Mayer Brown
Mayer Brown
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Employers will soon face increased responsibility for an employee’s improper use of a Social Security number. On August 10, 2007, U.S. Immigration and Customs Enforcement issued a new regulation regarding the legal obligations of employers who receive either a letter from the Social Security Administration (SSA) indicating that the Social Security number provided by an employee does not match the information in SSA files, or a similar letter regarding employment verification forms from the Depar

United StatesImmigration
Diana Hoover
Diana Hoover
Shannon Peris
Shannon Peris
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Employers will soon face increased responsibility for an employee’s improper use of a Social Security number. On August 10, 2007, U.S. Immigration and Customs Enforcement issued a new regulation regarding the legal obligations of employers who receive either a letter from the Social Security Administration (SSA) indicating that the Social Security number provided by an employee does not match the information in SSA files, or a similar letter regarding employment verification forms from the Department of Homeland Security (DHS). According to the new regulation, employers who receive such a letter (commonly referred to as a "no-match letter") and fail to take reasonable steps in response can be deemed to have constructive knowledge that the employee referred to in the letter was an alien not authorized to work in the United States. Failure to respond to the letter may also be used as evidence in civil and criminal actions brought by DHS.

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