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SOCIAL SECURITY NO-MATCH LETTERS
By Christopher
R. Helm, James M. Mei,
and Richard M. Rawson
[July 2003]
Each year, the Social Security Administration (SSA) sends thousands
of letters to employers across the country listing the names and
Social Security Numbers (SSNs) of employees whose SSNs do not match
their names on the earnings records of the SSA. The purpose of the
so-called “no-match” letter is to properly credit earnings
records for future benefits, not to identify illegal aliens. Here
are some suggestions about how to respond to an SSA no-match letter,
as well as general advice about compliance with I-9 employment eligibility
verification rules.
- You should not conclude that a listed employee is an illegal
alien simply because he or she is listed in a no-match letter.
Discrepancies can arise from transcription or typographical errors
and name changes. You may violate state or federal law if you
take adverse action against an employee based solely on the SSN
no-match letter.
- You should notify each employee listed in a no-match letter
and ask him or her to verify his or her SSN, contact SSA to resolve
the discrepancy, and notify you of the outcome.
- If the employee admits that he or she submitted a false social
security card in connection with the I-9 employment eligibility
form, and if he or she cannot submit valid employment authorization
documents as required by form I-9, then you cannot continue to
employ such person without being subject to fines and penalties
for knowingly continuing to hire an illegal alien. In such case,
termination of the employee is appropriate.
- During the I-9 employment verification process, you may (but
are not required to) make copies of any documents submitted by
an employee as evidence of identification or employment authorization
for future reference. Be consistent and follow the same policy
for all employees.
- You should not ask a new hire to submit extra documents beyond
that which are required by form I-9. The new hire is free to choose
which of the listed documents to submit.
- Be sure that the I-9 form is completed within three business
days of hire. If the individual’s employment authorization
is temporary, be sure to verify his or her employment authorization
prior to the expiration date of the document submitted at the
time of hire.
- It may be advisable to conduct an internal audit of your company’s
I-9 files from time to time, rather than waiting until a government
audit is requested. Normally you will be given three days notice
prior to a government inspection of your I-9 records.
You should consult with your employment or immigration lawyer1
if you have any questions about how to respond to an SSN no-match
letter or if you have any other questions about the I-9 employment
eligibility verification process.
For additional information, go to www.ssa.gov/employer
or call 1-800-772-6270 (7am to 7pm, EST, M-F). Also see IRS Pub.
393 “Federal Employment Tax Forms” and SSA Pub. 31-011,
“Software Specifications and Edits for Annual Wage Reporting.”
IRS Pub. 15, Circular E, “Employer’s Tax Guide” contains
instructions for recording employee’s names and SSNs.
1If
you have questions or would like more information, please contact
any members of DWT’s immigration practice team, including:
Christopher R.
Helm, Seattle, (206) 628-7671, ChrisHelm@dwt.com
James M. Mei, Portland,
(503) 778-5315, JimMei@dwt.com
Richard M. Rawson,
Seattle, (206) 628-7746, RichRawson@dwt.com
This Immigration Alert is a publication
of the Immigration Department of Davis Wright Tremaine LLP. Our
purpose in publishing this Alert is to inform our clients and friends
of recent developments in immigration law. It is not intended, nor
should it be used, as a substitute for specific legal advice as
legal counsel may only be given in response to inquiries regarding
particular situations.
Copyright © 2003, Davis Wright
Tremaine LLP.
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