No 'no match' letters in 2007
No 'no match' letters in 2007
WASHINGTON -- The U.S. Social Security Administration has agreed to not send divisive "no match" letters this year but is planning to mail them in February or March of 2008, depending on the outcome of federal litigation, according to Mark Hinkle, SSA spokesperson.
SSA was intending to send no-match letters to employers with employees whose names and the Social Security information on their W-2 forms did not match information in the SSA database. Employers receiving "no match" letters would be required to fire employees whose SSA discrepancies are not resolved within 90 days. If the employer did not respond, the Department of Homeland Security could prosecute the employer.
Last month, a federal court directed the government to delay mailing the letters while a lawsuit challenged the rule. An array of groups, including labor unions, the United Fresh Produce Association and the American Nursery & Landscape Association, sued the federal government in August, a month before the law was to go into effect. While the letters are not new, the DHS added new fines or prison time for employers that ignore them.
"The SSA's decision to wait for the federal district court to hear the merits of the pending lawsuit and issue a decision before carrying out activities that may be deemed in violation of U.S. law is clearly the right decision," said Autumn Veazey, director of United Fresh's legislative affairs. "Before employers all across this country spend substantial time, money and resources to comply with the 'no match' regulation, it is important that our judicial branch confirm that the rule is fair and reasonable as written."
In the meantime, the U.S. Citizenship & Immigration Service has created a new unit at its California Service Center to speed up the processing of H-2A petitions. Employers seeking temporary or seasonal agricultural workers must file petitions at the center starting Dec. 10.
"USCIS believes that receiving all H-2A petitions at the designated CSC address will help speed the fee-receipt, data-entry and adjudication processes," said the Nov. 9 Federal Register notice.
SSA was intending to send no-match letters to employers with employees whose names and the Social Security information on their W-2 forms did not match information in the SSA database. Employers receiving "no match" letters would be required to fire employees whose SSA discrepancies are not resolved within 90 days. If the employer did not respond, the Department of Homeland Security could prosecute the employer.
Last month, a federal court directed the government to delay mailing the letters while a lawsuit challenged the rule. An array of groups, including labor unions, the United Fresh Produce Association and the American Nursery & Landscape Association, sued the federal government in August, a month before the law was to go into effect. While the letters are not new, the DHS added new fines or prison time for employers that ignore them.
"The SSA's decision to wait for the federal district court to hear the merits of the pending lawsuit and issue a decision before carrying out activities that may be deemed in violation of U.S. law is clearly the right decision," said Autumn Veazey, director of United Fresh's legislative affairs. "Before employers all across this country spend substantial time, money and resources to comply with the 'no match' regulation, it is important that our judicial branch confirm that the rule is fair and reasonable as written."
In the meantime, the U.S. Citizenship & Immigration Service has created a new unit at its California Service Center to speed up the processing of H-2A petitions. Employers seeking temporary or seasonal agricultural workers must file petitions at the center starting Dec. 10.
"USCIS believes that receiving all H-2A petitions at the designated CSC address will help speed the fee-receipt, data-entry and adjudication processes," said the Nov. 9 Federal Register notice.
