Support through your toughest HR challenges: A network of 285,000 HR professionals.
Shawn Premer shows how doing the right thing for employees leads to positive business results.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 12 cities across the U.S. this spring.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
SHRM Urges Safe Harbor for No-Match Letters
Contact – Julie Malveaux – (703) 535-6273 – email@example.com
Contact – Jennifer Hughes – (703) 535-6072 – firstname.lastname@example.org
Alexandria, Va. - On Friday, September 18, 2009, SHRM filed comments with the U.S. Department of Homeland Security (DHS) in response to its proposal to rescind the rule laying out safe-harbor procedures for employers who receive a “no-match” letter.
Over the years, SHRM members have sought advice on what an employer should do when they receive a letter from Social Security Administration (SSA) indicating that an employee’s name and social security number do not match SSA records or from DHS indicating that an employee’s work authorization or immigration documents cannot be verified.
In October 2008, DHS finalized a rule outlining the steps employers should take to ensure that receipt of a no-match letterwould not be considered “constructive knowledge” that the employee was not legally authorized to work in the United States. In rescinding the rule, DHS indicated it preferred to use other tools currently available (E-Verify, etc.) to reach its regulatory and enforcement goals.
SHRM and the American Council on International Personnel (ACIP) filed comments expressing concern that the rule’s rescission leaves employers void of any official guidance from the government on how to protect themselves against a charge of “constructive knowledge” or a claim that they have discriminated against an employee by investigating a mismatch. Rather than allow such employer confusion to continue, SHRM and ACIP urged DHS to provide some kind of safe-harbor for employers who undertake a good faith attempt to resolve such discrepancies.
To view a copy of SHRM’s comment to DHS, please click HERE.
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
SHRM Member Discounts Program
SHRM’s HR Vendor Directory contains over 3,200 companies