On August 10, 2007, the U.S. Department of Homeland Security (DHS) announced several procedural changes to strengthen enforcement of existing federal immigration laws. As part of this enhanced enforcement effort, DHS finalized a set of regulations that employers must follow when they receive a "no-match" letter from DHS or the Social Security Administration (SSA).  

The DHS sends out a no-match letter to an employer when the immigration-status or employment-authorization documentation presented or referenced by the employee is inconsistent with the agency’s records.   

The SSA sends out a no-match letter when the combination of name and social security number submitted for an employee fails to match.

Although mismatches can result from various circumstances, including clerical errors or an unreported name change following a marriage or divorce, requiring clarification or correction of errors will help prevent identity theft and the hiring of illegal workers. 

Under the new rules, employers will be in violation of federal immigration laws if they ignore no-match letters and fail to take corrective steps. 

A "safe-harbor" is provided to employers who have followed the regulations: employers that make "good faith" efforts to solve any problems will not be held liable. 

After receiving a no-match letter from either agency, the employer has 90 days to take “reasonable steps” to clarify and correct the error.  “Reasonable steps” may include:

• Check your records promptly. 
• If there is an error, correct the record and inform the relevant agency.
• Make a record of the manner, date, and time of the verification.
• If such actions do not resolve the discrepancy, a reasonable employer would promptly request that the employee confirm the employer’s records are correct.
• If the records are not correct, the employer would take the actions needed to correct them.
• Inform the relevant agency.
• If the records are correct according to the employee, the employer should ask the employee to pursue the matter personally with the relevant agency, and to verify with the employer that they have taken action with the relevant agency.
• Make a record of the manner, date and time of the verification.

If you are unable to verify the discrepancy within the 90 days of receipt of the no-match letter, you must terminate the employee. 

General Information About the I-9 Form (.pdf)

I-9 Form Process in a Nutshell (.pdf)

I-9 Form Document Review (.pdf)

Social Security Administration Social Security Number Verification Services
Information and procedures to verify Social Security numbers online

Procedures to Follow If You Received an SSA "No-Match" Letter 
Social Security Administration Web page

Safe-Harbor Procedures for Employers Who Receive a No-Match Letter Regulation 

U.S. Immigration and Customs Enforcement (ICE) Web page

Safe-Harbor Procedures for Employers Who Rceive a No-Match Letter Regulation (.pdf)

Employer Information Bulletins

U.S. ICE Web page (scroll down for downloadable bulletins)