By Glen M. Krebs
No-Match Letters are back.
After a two year hiatus, the Social Security Administration (SSA) has resumed issuing the letters colloquially referred to as “No-Match Letters.” The letters inform employers that an employee’s reported name and the reported social security number do not match. From 1994 to 2007 the letters were regularly sent out by the SSA and many companies had developed a standard procedure for handling the letters.
Receipt of a No-Match Letter does not make any inference regarding an employee’s immigration status or work authorization. However, when Immigration and Customs Enforcement (ICE) audits a company they frequently request copies of No-Match Letters. This indicates that ICE may use the evidence of a No-Match Letter to prove that an employer has constructive knowledge that an employee is not authorized to work.
Employers need to walk a fine line when reacting to No-Match Letters in order to insure they do not violate the anti-discrimination provisions of the law.
If you cannot find your old policy or would like help preparing a new one, please contact Glen Krebs, our immigration lawyer, at firstname.lastname@example.org. He has a list of DOs and DON’Ts prepared by the Department of Justice which can start the discussion.