What businesses need to know about the no-match letters from the Social Security Administration (SSA)
businesses unsure how to respond to a notice that information on wage and tax statements does not match SSA records. Employers around the country are receiving – or already have received – “no-match” letters from the Social Security Administration . How should companies respond when such a letter arrives?Michael Neifach
Under the Bush Administration, Immigration and Customs Enforcement issued a proposed rule in 2006 setting out steps an employer should take upon receipt of a no-match letter. The regulation provided that failure to follow up with a no-match letter within an established time frame may result in a finding that the employer had “constructive knowledge” an employee was unauthorized to work.
Finally, while receipt of a no-match letter does not mean the employee is in the U.S. illegally and is unauthorized to work, Immigration and Customs Enforcement routinely asks employers as part of the an I-9 audit whether they have received no-match letters.What, if any, immigration implications could there be when a company receives a no-match letter?As SSA itself makes clear, a name and SSN no-match is not an indication of an employee’s work authorization or immigration status.
Employers should not terminate or discipline an employee solely because of a no-match letter. That includes changing work assignment or putting an employee in unpaid leave status pending resolution of the no-match. Similarly, an employer should not require an employee subject to a no-match letter to bring in additional proof of immigration or work authorization status.
Fourth, it is important to document all steps taken to comply with the no-match requirements, including conversations with the employees involved. If during the course of following up, there are indications of fraud or the employee appears to indicate he or she may not be authorized to work in the U.S., employers should contact legal counsel for additional guidance.Neifach:
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