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New Federal Regulation Issued Regarding Employer's Response to "No Match" and "Notice of Discrepancy" Letters

August 2007

On August 10, 2007, as part of the Bush administration’s ongoing efforts to reform the nation’s immigration laws, the Department of Homeland Security (the “DHS”) issued a new regulation to “clarify” existing federal laws that impact immigration. Unfortunately, this new “clarifying” regulation imposes new procedural burdens upon employers when they receive a “no match” letter from the Social Security Administration (the “SSA”) or a “notice of discrepancy” letter from the DHS after undergoing an audit of its I-9 Forms. The new regulation becomes effective 30 days after it is published in the Federal Register, which is expected to occur this week.

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