Amended regulations of the U.S. Immigration and Customs Enforcement describe the legal obligations of an employer under current immigration law when the employer received a no-match letter from the Social Security Administration or receives a letter regarding employment verification forms from the Department of Homeland Security (DHS). It includes “safe-harbor” procedures that the employer can follow in response to such a letter. The proposed rule adds two more examples to the current regulation’s definition of “knowing” to illustrate situations that may lead to a finding that an employer had such constructive knowledge.

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