Immigration Advisory
for Businesses & Employers
an Educational Service by Badmus Law Firm 
 
In This Issue
The Truth about Social Security No-Match Letters
Hoover Inc. Fined for Immigration Discrimination Violations
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Greetings!   

As the headlines show, government enforcement and oversight of employers for immigration compliance continues to be stronger than ever in 2011.  Read on for

information to help you and your business survive government scrutiny and avoid the fines, penalties, and negative publicity associated with immigration violations.



 

Sincerely, 
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Ann Massey Badmus
Badmus Law Firm
  

The Truth About Social Security No-Match Letters


Social Security Administration (SSA) no-match letters notify employers that an employee's name or Social Security number (SSN) does not match the name or SSN combination in the SSA's records.  These letters have often confused employers as to the employment eligibility of the referenced employee.  In 2007,  the  Department of Homeland Security (DHS) announced a rule that required employers to follow specific steps upon receipt of no-match letter. If an employer complied with the rule, it would avoid liability for unauthorized employment of the employee referenced in the no-match letter. After protracted litigation, the DHS withdrew this "safe harbor" rule. Nevertheless, employers  who receive no-match letters must take reasonable measures to steer clear of immigration and labor law violations.  The first step is to learn the truth about SSA no-match letters.

 

A no-match letter does not mean the referenced employee is unauthorized to work. There are many reasons for a no-match in the SSA records which have nothing to do with immigration status or work authorization, including but not limited to, unreported name changes, SSA data entry errors, employer/employee reporting errors, identity theft, misspelling of names, and fraud.  

 

A no-match letter does not create constructive knowledge that an employee is not work authorized.  The receipt of a no-match letter or other no-match notice does not, standing alone, constitute the employer's "constructive knowledge" that the employer is not work authorized.  Therefore, employers cannot assume an employee is unauthorized to work and dismiss or suspend the employee solely based upon a no-match letter. If it does so, the employer can be charged with violation of the anti-discrimination rule of the Immigration and Nationality Act (INA).  This rule prohibits employment discrimination based upon national origin, citizenship status, or immigration status, document abuse during the employment eligibility verification process, and retaliation.

 

No match letters are not a part of the E-Verify program.  Although both use the SSA databases, there  is no relationship between the SSA no-match letters and the E-Verify program.  The E-verify program is a service employers may use to verify an employee's work authorization. The SSA no-match letter is simply a report that an employee's name and SSN do not match SSA records.  To minimize the receipt of SSA no-match letters, employers can use the Social Security Number Verification Service (SSNVS).  However, unlike the E-verify program, the SSNVS cannot be used to verify work authorization.  Its purpose is solely to verify the name and SSN of employees against SSA records. 

Employers must be careful to tread the fine line between employment eligibility verification rules and anti-discrimination rules.  Mishandling of SSA no-match letters can lead to violations of both sets of rules.  Cautious employers must develop and implement policies and procedures to respond appropriately to these important notices.  In our next issue, we discuss best practices you can use to avoid potential liabilities associated with no-match letters.

 

For more information and assistance with developing an effective immigration compliance policy and program that addresses no-match letters and helps your company save thousands in fines and penalties, you are invited to email or call Ann Badmus at [email protected], 469-916-7900.

Justice Department Settles Allegations of Immigration-Related Employment Discrimination Against Hoover Inc.

 

The Justice Department recently announced that it has reached a settlement agreement

with Hoover Inc., a leading manufacturer of vacuum and carpet cleaners with facilities in Ohio and Texas, to resolve allegations that Hoover engaged in a pattern or practice of employment discrimination by imposing unnecessary and discriminatory hurdles in the I-9 process upon lawful permanent residents.

 

According to the department's findings, Hoover required all permanent residents who presented a permanent resident card (green card) for I-9 purposes to produce a new green card when theirs expired. In contrast, Hoover's U.S. citizen workers were not required to present new documents. Like U.S. citizens, permanent residents are always work authorized, regardless of the expiration of their documentation. The Immigration and Nationality Act (INA) prohibits employers from treating permanent residents differently than U.S. citizens in the I-9 process.

 

Under the terms of the settlement, Hoover has agreed to pay $10,200 in civil penalties. Hoover will also train its human resources personnel about employers' nondiscrimination responsibilities in the I-9 process, and it will provide periodic reports to the department for one year. "All permanent residents in the United States have the right to continued employment without the burden of presenting new documentation when their green cards expire," said Thomas E. Perez, Assistant Attorney General for the Justice Department's Civil Rights Division. "We are pleased to have reached the settlement with Hoover and look forward to continuing to work with all employers, both public and private, to educate them about their responsibilities under federal law."


Badmus Advisory:  Every employer must be careful not to cross the fine line between IRCA enforcement and discriminatory practices. Requiring specific employment documents or more documents than necessary to prove employment eligibility is going too far in the employment eligibility verification process.  Such actions violate immigration discrimination rules, resulting in costly fines and unwanted publicity. For more information and assistance with developing an effective immigration compliance policy and program that can save you thousands in fines  and penalties, you are invited to email or call Ann Badmus at [email protected], 469-916-7900.

 

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Badmus Law Firm

is a law firm focusing on business immigration services to companies and individuals for over 17 years. Our attorneys help businesses like yours avoid the fines, penalties, and negative publicity of I-9 and other immigration violations. 

 

The problem for most businesses is that the I-9 form and other immigration forms are deceptively simple but the immigration rules behind the forms are enormously complex. Consequently, innocent mistakes are made that can cost businesses thousands in fines and an unwelcome induction into the ICE Hall of Fame.  Businesses that use our expertise and follow our Immigration Audit Defense Program can steer clear of these mistakes, protect themselves against Department of Homeland Security, the Department of Labor, and state agencies, and save themselves from hefty fines and public embarrassment.

 

Contact us to build an impeccable defense before government contacts you.  

 

Call 469-916-7900 or email [email protected]  to schedule a complimentary 30 minute assessment of your current compliance program and learn more about our Immigration Audit Defense Program. 

 

Badmus Law Firm is certified as a Women's Business Enterprise (WBE) by the Women's Business Council - Southwest (WBCS), a regional certifying partner of the Women's Business Enterprise National Council (WBENC). All of our attorneys are members of the American Immigration Lawyers Association, a national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.  For more information about our services, visit us at www.badmuslaw.com.

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The information in this newsletter has been provided as an educational service.  If you have specific questions or issues related to immigration, you are invited to call us at 469-916-7900 or email me at [email protected].

 

Until next time,

 

Ann Massey Badmus
Founding Attorney and CEO
Badmus Law Firm
NOTE: Immigration law changes frequently.  The resources and information provided in this newsletter are intended to help you understand basic issues involved in the immigration process, and are offered only for general informational and educational purposes.  This information is not offered as, nor does it constitute legal advice or legal opinions.  Although we strive to keep this information current, we neither promise nor guarantee that the information is the latest available, or that it applies to your specific situation.  You should not act or rely upon the information in these articles without seeking the advice of an attorney.  To consult with Badmus Law Firm regarding your case, click here