Receipt of a No-Match letter, when considered with other probative evidence, is a factor that may be considered in the totality of the circumstances and may in certain situations support a finding of "constructive knowledge." A reasonable employer would be prudent, upon receipt of a No-Match letter, to check their own records for errors, inform the employee of the no-match letter, and ask the employee to review the information. Employers would be prudent also to allow employees a reasonable period of time to resolve the no-match with SSA.
DHS also reminded employers that terminating of an employee referenced in a no-match letter without first attempting to resolve the mismatch, or treating an employee differently based on national origin or perceived citizenship status, may be unlawful discrimination under the anti-discrimination provisions of the Immigration and Nationality Act. DHS advised:Employers should not use No-Match letters, without more, as a basis for firing employees without resolution of the mis-match, and DHS has never countenanced such a practice. DHS urges employers, employees, and other interested parties to contact the Office of Special Counsel for Immigration-Related Unfair Employment Practices, (800) 255-8155 or , for additional information and guidance about the application of the anti-discrimination provisions.
DHS did not say whether it plans to issue further guidance on how employers should respond to a no-match letter. ÎÚÑ»´«Ã½ will monitor any developments in that area. ÎÚÑ»´«Ã½ will monitor and report on any developments. Meanwhile, employers that receive a no-match letter are advised to carefully follow the instructions provided in the letter, to take prompt actions -- similar to those set forth in the safe-harbor process -- that would demonstrate the employer's good-faith effort to resolve the mismatch and avoid the employment of unauthorized workers, and to seek the advice of legal counsel as needed.  For more information on the safe-harbor process and on other steps that employers can take to protect themselves, .