SSA/No Match Letters

The American Immigration Lawyers Association is reporting that the Social Security Administration has resumed sending "no match" letters that tell employers that employees social security numbers do not match the number in the SSA database. There are a few differences from past no-match letters. First, language warning employers that failing to act on a no-match letter can be considered as constructive knowledge of an employee working without authorization is no longer included. Also, letters will list only one employee in each letter rather than multiple workers.

The letters remind employers that they should not take adverse action against a worker strictly on the basis of a no-match letter. SSA is advising employers to first check their records and if the problem is not with the employer, then the employer should instruct the employee to contact SSA. The notice states that it can take two months or longer to get a new or replacement Social Security card.

If an employer is unable to resolve the issue because the employee leaves the employer or is unable to provide a new card, the employer should document its efforts and keep the documentation for four years. The Department of Justice's Office of Special Counsel is advising employers not to terminate unless a "reasonable period of time" has passed for the worker to resolve the problem. What is "reasonable" is not defined though AILA notes that E-Verify problem resolutions can be continued for up to 120 days.

The big question is whether we'll see mass confusion like we saw earlier this decade when the letters were previously sent out by the thousands.