Since March 2019, employers across the U.S. have received over a half-million “no-match” letters from the Social Security Administration (SSA), informing them that the name or number listed on a W-2 wage form does not match SSA’s records. Since incorrect information may be due to any of a number of errors, employers must be careful to not assume that a no-match letter means the employee lied about their immigration status on an I-9 form. To avoid possible liability for unfair immigration related labor practices, the Justice Department’s Office of Special Counsel provides guidance on how an employer should respond to a no-match letter:
The immigration and I-9 employment-verification takeaways from this guidance is that an SSA no-match letter does not cause an employer to have either actual or constructive knowledge of an immigration status violation, and an employer must not take any adverse action against an employee as a result of the no-match letter. If the employee were to disclose that they do not have employment authorization that is another story.
If an employer has any questions about an SSA no-match letter or immigration related issues, the attorneys at Scott D. Pollock & Associates, P.C. are available for consultation or representation.View Similar Articles