Over the years, the Social Security Administration (SSA) has been sending "no-match" letters notifying employers when an employee’s name or Social Security number does not match SSA’s records. Recently, the Department of Homeland Security (DHS) issued a final regulation drastically changing the no-match landscape. The new regulation requires employers to take specific steps to verify an employee’s identity upon receipt of a no-match letter from SSA or notice from DHS. Employers who fail to comply may be deemed to have "constructive knowledge" that an employee was not authorized to work in the United States and may face civil and criminal sanctions.

Although a court-issued preliminary injunction is enjoining the government from enforcing the new regulation, the SSA will continue to send out no-match letters but without the DHS guidance letter. DBHR will continue to monitor this matter and keep clients informed of all new developments.