ICE Offers FAQ's About Newly Implemented Immigration Regulations

With the implementation of the new immigration regulations, the US Immigrations and and Customs Enforcement (ICE) has added new information to its website explaining what employers need to do to comply.  The US Immigrations and and Customs Enforcement's website can be found here.

The website also allows readers to login in order to receive email updates if the frequently asked questions changes.  The login page can be found here.  I recommend that every employer take the time to review the FAQ's to understand the changes ICE is implementing.  For example, ICE posted the following FAQ:

What should an employer do when it receives a Social Security Administration (SSA) No-Match letter?


The employer should take reasonable steps to resolve the No-Match, and apply these steps uniformly to all employees listed in the SSA letter. It is possible that a No-Match was the result of a clerical error on the part of the employee, the employer, or the government. DHS/ICE considers the following to be reasonable steps if the employer:
1) Promptly (no later than 30 days) checks its records to ensure that the mismatch was not the result of an error on the part of the employer,

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

3) If necessary, the employer should ask the employee to resolve the issue with SSA. The employer should inform in order to give the employee as much time as possible to resolve the matter and inform the employee that the employee has 90 days from the date the employer received the No-Match letter to resolve the matter with SSA (explaining that resolution of the mismatch could take time).

4) If the employer was able to successfully resolve the mismatch, the employer should ensure that of the instructions in the SSA letter have been followed. The employer should also verify that the error has been corrected by using the Social Security Number Verification Service (SSNVS) administered by SSA, and retain a record of the date and time of verification. SSNVS can be accessed through http://www.socialsecurity.gov/employer/ssnv.htm or by telephone at 1-800-772-6270; and

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 I-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.
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