Business Immigration Insights

On October 7, 2009, the Department of Homeland Security officially rescinded its August 2007 rule establishing "safe-harbor procedures" for employers who receive Social Security no-match letters.  These procedures never went into effect because a federal court in California issued a preliminary injunction against the rule after the AFL-CIO and other organizations filed suit.  The rescission reinstates the former rule on what constitutes "constructive knowledge" on the part of an employer that an employee is working without authorization.