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Immigration Law Update
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Immigration News
Illegal-immigrant crackdown looms
Los Angeles Times
August 3, 2007
By Nicole Gaouette, Times Staff Writer
A plan to make employers fire workers with discrepancies in their records could snare many citizens and legal residents, critics say
Rules on illegal workers stir fears
Los Angeles Times
August 4, 2007
By Jerry Hirsch and Kimi Yoshino, Los Angeles Times Staff Writers
Farming, restaurant and other industries would have to scramble for laborers under planned regulations, critics say.
Immigration Bill Hits Senate Wall
The Orange County Register
6/8/07
By Dena Bunisr
The Senate defeated a test vote on comprehensive Immigration legislation
O.C. Grand Jury suggests county's bigger cities work more closely with federal agencies. Some police chiefs reject the idea.
The Orange County Register
5/22/07
By Jennifer Delson, Staff Writer
An Orange County Grand Jury report issued Monday recommends that Santa Ana, Anaheim and other large cities check the immigration status of their jail inmates.
Immigration Documents & Forms
Copy of Complaint Issued by Nation's Largest Federation on Labor Unions
Copy of Minute Order
*Department of Homeland Security (DHS) Proposed Rules
Sample No-Match Letter
List of Acceptable Documents
*Source: Federal Register, Vol. 71, No. 114
Immigration Resources
*"The Form I-9 Process in a Nutshell"
*"I-9 Document Review"
*"Employer Sanctions"
*Source: www.uscis.gov
Immigration Website Links
Department of Homeland Security: http://www.dhs.gov/
Security, Immigration Information: http://www.dhs.gov/ximgtn/
US Immigration & Customs Enforcement ("ICE"): http://www.ice.gov/
Immigration Legal Updates
Immigration Seminars
For more information, or to se-up a training session for your company today, please call Lilia Aguirre at (949) 261-7700
Immigration Press Room
Click here to read the latest press releases issued from the Department of Homeland Security
Immigration FAQ's
Q: The "No Match Letter Sample" requires the employee to act "Within the next forty five (45) days..." Why?
A: The DHS proposed regulations requires within 14 days of receiving the no-match letter, a “reasonable employer”should check and correct any discrepancy in its records, as necessary. If the discrepancy does not seem to be with the employers records, the “reasonable employer” would check with the employee to verify that the employers' records are correct. If the employee confirms that the employers records are not correct, the employer should correct them and then inform the relevant agencies (in accordance with the letters instructions). If the employee confirms that the information the employer has is correct, the employer should ask the employee to pursue the matter personally with the relevant agency.
If the discrepancy has not been resolved within 60 days of receipt of the no-match letter, a “reasonable employer” should complete a new Form I-9, within 3 days, using the same procedures as if the employee were newly hired with some restrictions.
The discrepancy will only be considered “resolved” if:
a.) the employer verifies with the SSA or DHS that the employees name matches SSA’s records and numbers assigned to that name, and
b.) the number is valid for work, or is valid for work with DHS, or that DHS' records indicate that an immigration status document was assigned to the employee.
In the case of a number from the SSA, the valid number may be the number that was the subject of the no match letter, or a different number, resulting from the employee contacting SSA regarding the discrepancy.
Employers may verify a SSN with the SSA by calling 1-800-772-0270 or www.ssa.gov/employer/ssnv.htm. Employers should make record of the manner, date and time of any verification as SSA may not provide any documentation.
The letter we suggest giving to employees indicates that the employee has 45 days to pursue the discrepancy based on the assumption that the employer may take the full 14 days to conduct its initial inquiry. By requesting the employee resolve the discrepancy within 45 days, the employer is still within the 60 days of receipt of the no-match letter and can proceed accordingly.
14 days, employers initial inquiry
+45 days for employee to resolve the discrepancy
59 days total.
Q: If an employer doesn't follow the DHS proposed regs, should the employer still send the employee for whom he received a no-match letter the letter we gave as a handout?
A: It couldn't’t hurt and it may help in asserting a good faith defense if an employer was ever audited. Even if an employer chooses not to follow the proposed regulations, all employers should have some system in place to consistently address responding to No-Match letters.
Q: If employer receives a no-match letter for an ex-employee, what should they do?
A: If there are any instructions on the letter (i.e. to send a copy of the letter to the employees last known address), the employer should follow them and document that they did so. If there are no instructions, we would recommend responding to the SSA to advise them that the employee is no longer with the company and request that they update their files accordingly.
Q: If an employee goes to SSA and can’t resolve the issue and then provides new and different docs, what is the employers responsibility?
A: If the employee has not been able to resolve the discrepancy within 60 days of receipt of the no-match letter, a “reasonable employer” would complete a new Form I-9, within 3 days (63 days total from receiving the No-Match letter), using the same procedures as if the employee were newly hired with the following restriction:
1) No document containing the SSN or alien number that is the subject of the no-match letter, and no receipt for replacement of such a document may be used; and
2) No document without a photograph may be used.
Q: Outline of steps to follow (under the proposed rules).
A: Within 14 days of receiving the no-match letter, a “reasonable employer” would:
A. Check and corrected any discrepancy in its records, as necessary.
B. If the discrepancy does not seem to be with the employers records, the “reasonable employer” would check with the employee to verify that the employers records are correct.
C. If the employee confirms that the employers records are not correct, the employer should correct them and then inform the relevant agencies (in accordance with the letters instructions).
D. If the employee confirms that the information the employer has is correct, the employer should provide the employee with the sample letter and ask the employee to pursue the matter personally with the relevant agency.
At anytime within 60 days of receiving the No-Match letter, if the employee brings in new or corrected documents to show the discrepancy has been resolved, the employer can verify employment.
A. The discrepancy will only be considered “resolved” if:
1. The employer verifies with the SSA or DHS that the employees name matches in SSA’s records a number assigned to that name, and The number is valid for work, or is valid for work with DHS, or that DHS records indicate that the immigration status document was assigned to the employee
If the discrepancy has not been resolved within 60 days of receipt of the no-match letter, a “reasonable employer” would complete a new Form I-9, within 3 days, using the same procedures as if the employee were newly hired with the following restrictions:
A. No document containing the SSN or alien number that is the subject of the no-match letter, and no receipt for replacement of such a document may be used; and
B. No document without a photograph may be used.
If the employee cannot provide sufficient documents to complete a new Form I-9, the employer should treat the employee as he would any other new hire who cannot produce such documents and document any and all actions accordingly.
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** The information contained herein is for informational purposes only and should not be relied upon in reaching a conclusion in a particular area. The legal principles discussed herein were accurate at the time this article was authored but are subject to change with time. Applicability of these same legal principles may differ substantially in individual situations. Please consult an attorney before making a decision in a particular area using only the information provided in this article.
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