Social Security No-Match letters are correspondence that employers receive from the Social Security Administration (SSA) when the name and social security number provided by employers on their wage reporting forms does not match SSA records.
Employers receive these SSA issued no-match letters if they have more than 10 mismatches, and the wages related to those mismatches account for more than one-half of one percent of all the wages paid. The no-match letter includes a listing of the names and social security numbers of the employees whose records do not match.
In August of 2007, the Department of Homeland Security (DHS) issued a final Social Security No-Match rule (Final Rule). The Final Rule provides that an employer’s failure to take reasonable steps after receipt of a Social Security No-Match letter can lead to a finding that an employer had “constructive knowledge” of the fact that an employee is an unauthorized alien. Under the Rule, employers would be exposed to increased liability if they fail to take a prescribed course of action termed a “safe harbor” upon receipt of a no-match letter.
The rule, while temporarily prevented from going into effect by a federal court in California, in many ways is only a codification of obligations employers have had since 1986. The Rule requires employers to take certain affirmative steps to resolve questions about an employee’s employment authorization; if the employer fails to take those steps, it can be found to “know” that the employee was not authorized. These steps are outlined in detail in the articles set forth below.
Klasko Immigration Law Partners, LLP regularly provides employers with guidance regarding the Rule as well as its impact on the government’s recent enforcement efforts. We also assist employers in preparing compliance programs to protect them from discrimination claims while at the same time complying with government regulations and verification requirements.