Sometimes the Social Security Administration will send an employer a letter that indicates a combination of employee name and Social Security Number does not match SSA records. While there are many causes for a no-match, one cause may be that the submission of information is for an alien who is not authorized to work in the U.S. and who is using a false SSN or one that is assigned to someone else. The Bureau of Immigration and Customs Enforcement (ICE) sends a similar letter when, after an inspection of Forms I-9, ICE cannot confirm an immigration status or employment authorization document.
ICE has made it clear that, upon receipt of a "no-match" letter, an employer must take reasonable steps to resolve the conflict. Doing nothing after receiving a "no-match" letter exposes an employer to the possibility that it will be found to have constructive knowledge that an employee is an unauthorized alien, which could result in criminal liability for harboring an illegal alien.
What should employers do in response to a no-match letter? ICE proposed procedures that will create a safe harbor for employers who follow them.
Within 14 days of receipt of a "no-match" letter from SSA, an employer should attempt to resolve the discrepancy by checking its records for typographical, transcribing or similar clerical errors. If an error is found, it should be corrected, verified with the SSA, and the correction documented.
If no clerical error is found, ask the employee to confirm the name and SSN in your records. If the employee indicates an error, correct, verify and document the correction as above. If the employee indicates there is no error, ask the employee to resolve the discrepancy with the SSA. This may involve visiting a SSA office and bringing documents as required.
Within 14 days of receipt of notice from ICE of a problem with an immigration status or employment authorization document, employers should take reasonable steps to resolve the situation.
If the discrepancy between name and SSN or question about immigration status or employment authorization has not been resolved within 60 days, a new Form I-9 should be completed within three additional days as if the employee was newly-hired. However, the following documents may not be used:
l a document containing the SSN or alien number that is the subject of the notice
l a receipt for an application for a replacement for such document
l a document without a photograph (for identity or for both identity and employment authorization).
The new Form I-9 is retained with the prior Form I-9 as if the employee were newly-hired.
<p> 36,272, What are "no-match" letters and how should an employer respond to them? Sometimes the Social Security Administration will send an employer a letter that indicates a combination of employee name and Social Security Number does not match SSA records. While there are many causes for a no-match, one c</p>
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