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Washington Labor & Employment Wire » Social Security No-Match Letter Legislation (Unnamed bill, S.2710)

Social Security No-Match Letter Legislation (Unnamed bill, S.2710)

Core Provisions: This legislation authorizes the Department of Homeland Security to use an employer’s failure to timely resolve discrepancies with the Social Security Administration after receiving a “no match” notice as evidence that the employer violated section 274A of the INA. S.2710 provides that an employer is deemed to have “constructive knowledge” an employee is not authorized to work in the United States if the employer:

(A) receives a Social Security no-match letter notifying the employer that the Social Security Administration has been unable to match the employee’s name with the Social Security number provided by the employer; and

(B) fails to take the corrective action suggested by the Social Security Administration or the Department of Homeland Security within 90 days of receiving the letter described in subparagraph (A).

The bill also states that secretary of homeland security shall promulgate necessary regulations related to the amendment.

Status: On March 5, 2008, Sen. Sessions (R-AL) introduced S.2710. The bill was read the second time on March 6, 2008, and placed on the Senate Legislative Calendar under General Orders, Calendar No. 595.