DHS Issues Labor Rule that will affect Northeast Agriculture
The Department of Homeland Security (DHS) recently issued its final “No-Match” rule largely affecting industries heavily reliant upon immigrant workers, which includes agriculture. Accordingly, DHS has indicated they intend to seek regulatory reform of existing temporary worker programs such as H-2A and H-2B.
The no-match rule addresses employer responsibilities upon receipt of written notification by the Social Security Administration (SSA), such as an “Employer Correction Request,” more commonly known as “no-match” letters. No-match letters indicate that the combination of name and social security number submitted by an employee does not match SSA records.
The final no-match rule outlines a 93-day timeline including review of employer records, confirmation with the employee, verification with DHS or SSA and possible completion of a new I-9 form for the employee or termination if found unverifiable. Employers that follow the DHS procedure with have a “safe harbor” and will not be considered by DHS to have constructive knowledge that they employed unauthorized workers unless independently determined.
In an effort to aid understanding of the no-match requirements, First Pioneer will:
1. Post this page on our website to direct you to other online
resources including papers, frequently-asked-questions and where to
get more help 2. Be fully engaged on the legislative front with other like-minded organizations to work for immigration reform and other beneficial changes to current guest worker programs. First Pioneer Farm Credit is a member of the Agricultural Coalition on Immigration Reform (ACIR) which is spearheading efforts with other organization in Washington on this issue. 3. Support regulatory and administrative changes to temporary guest worker programs including the H-2A agricultural guest worker program. First Pioneer Farm Credit is a member of the National Council of Agricultural Employers which is seeking changes to improve the H-2A program. Testimony
to the Committee of Agriculture, U.S. Senate by Dr. James S. Holt,
October 4, 2007. Excellent summary and analysis supporting the need
for immigration reform."
A
collection of information - web links and briefing papers, on
the no-match provisions. Provided by Farm Employers Labor Service (FELS)
Sacramento, California. In October 2007 First Pioneer Farm Credit, in
conjunction with Farm Credit of Western New York and Yankee Farm Credit,
issued a
statement urging Congress to take action on guest worker and
immigration reform legislation. This statement has been used
extensively to generate support on this issue.
(pdf)
Feel free to contact your local First Pioneer branch with concerns, comments or suggestions.
Update: No Letters to be Issued this Year
The Social Security Administration will not be issuing no-match letters
this year because of a pending lawsuit. According to SSA officials, SSA
is unlikely to send out letters until at least spring of 2008 because of
the decision to not send out any letters based on 2006 information.
Click
here for more info.
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