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Department of Justice issued do’s and don’ts for employers on Social Security Number “no-match” letters

by | Dec 20, 2010 | Immigration News

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices recently issued the following do’s and don’ts for employers on Social Security Number “no-match” letters. These are letters issued by the Social Security Administration (SSA) to employers stating that information supplied to the SSA does not match SSA records.

DO:

  • Recognize that name/SSN no-matches can result because of simple administrative errors.
  • Check the reported no-match information against your personnel records.
  • Inform the employee of the no-match notice.
  • Ask the employee to confirm his/her name/SSN reflected in your personnel records.
  • Advise the employee to contact the SSA to correct and/or update his or her SSA records.
  • Give the employee a reasonable period of time to address a reported no-match with the local SSA office.
  • Follow the same procedures for all employees regardless of citizenship status or national origin.
  • Periodically meet with or otherwise contact the employee to learn and document the status of the employee’s efforts to address and resolve the no-match.
  • Submit any employer or employee corrections to the SSA.

DON’T:

  • Assume the no-match conveys information regarding the employee’s immigration status or actual work authority.
  • Use the receipt of a no-match notice alone as a basis to terminate, suspend or take other adverse action against the employee.
  • Attempt to immediately reverify the employee’s employment eligibility by requesting the completion of a new Form I-9 based solely on the no-match notice.
  • Follow different procedures for different classes of employees based on national origin or citizenship status.
  • Require the employee to produce specific documents to address the no-match.
  • Ask the employee to provide a written report of SSA verification.

The original document is available here.  A similar document for employees is available here.

FAQ’s available here.

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