SSA Suspends Social Security No-Match Letters
December 12th, 2011 § Leave a Comment
In a move that could have important consequences for immigration law, the Social Security Administration (SSA) has suspended sending employer Social Security No-Match letters, due to Federal budget contraints.
Social Security No-Match letters are sent to employers when an employee’s Social Security Number does not match the name provided. SSA does not know if or when sending these letters will recommence or whether any employer No-Match letters will be sent commencing in April 2012.
Although the SSA has indicated that they will not be taking any follow-up action to the letters that were already mailed this year, employers should follow the instructions provided within the letter and correct the issues spotted. Since the mismatch can be caused by many reasons – not just unauthorized employment – including such things as name changes and typos, these letters are used as one of many indicators to indict employers who had actual knowledge of their employees’ employment authorization.
Ultimately, it is the employer’s responsibility to ensure that appropriate actions have been taken and the cause of the mismatch has been resolved. If as an employer, you have any questions about an employee’s employment authorization, it is critical to reconcile these issues.
We can help you with any questions you may have about SS letters or immigration law compliance issues in general. It’s what we do! Please contact us with questions.
Social Security No-Match Letters Resume
April 14th, 2011 § Leave a Comment
As of April 6, 2011, the Social Security Administration (“SSA”) has resumed issuing Social Security no match letters to US employers. No match letters are issued when an employee’s name and Social Security Number do not match. The source of the mismatch could include typographical errors, name changes and incomplete information, as well as fabricated Social Security Numbers.
These letters – and the legal follow-up requirements and ramifications – have been the subject of litigation for years. Since the court battle has not yet finished, the new letters have removed the specific guidance for how employers are legally required to respond. Immigration Customs and Enforcement, SSA, and the Office of Special Counsel do agree that the mere receipt of a no match letter is not evidence that the employee is using fraudulent documents and is not authorized to work, but these letters have been used against employers to prove that the employer knowingly continued to employ an undocumented worker given the totality of the circumstances.
Employers must establish effective strategies to address no match letters in a lawful yet non-discriminatory manner. Gone are the days when employers can cover their eyes and look through their fingers. It is critical for employers to address any no match letters that are received immediately. Employers should also consider completing an internal I-9 audit to ensure their I-9 forms have been completed properly.
If you receive a Social Security No-Match Letter, please contact GoffWilson immediately. In addition, GoffWilson is available to answer questions relating to these matters: info@goffwilson.com.
Employers Still Held Accountable for Info In No-Match Letters
April 23rd, 2010 § Leave a Comment
Michel Malecot, Owner The French Gourmet
On April 21, 2010, a sixteen count indictment was unsealed that alleges the owner, manager, and The French Gourmet, a San Diego bakery, knowingly employed undocumented workers. Michel Malecot, the owner of the bakery, and Richard Kauffmann, a manager, are charged with twelve felony counts of making false statements and shielding undocumented employees from detection. If convicted, they face a maximum of five years in prison for each count, a $250,000 fine for each count, and three years of supervised release. The indictment is also seeking criminal forfeiture of the company’s proceeds that were gained from the business’ unlawful activities, including the company’s building that is valued at $1.3 million according to county records. Both men entered not guilty pleas and posted bail.
The government has built the case on the no-match letters from the Social Security Administration and records seized by a warrant in May 2008. Social Security no-match letters are issued by the Social Security Administration and notify an employer that the names and numbers of specific employees do not match.
The indictment alleges that, after receiving no-match letters from the Social Security Administration, the managers paid the employees in cash until a new set of documents with different Social Security numbers were provided.
Employers should seek legal advice if they have received Social Security no-match letters in the past. This indictment shows that employers are still being held accountable for the information contained in the no-match letters.
