SSA No-Match Letters: What's Happening and What You Can Do









May 21, 2019

SSA No-Match Letters: What's Happening and What You Can Do

Dear ABIC Members and Friends,

The Social Security Administration (SSA) has published a notice regarding the issuance of "No-Match" letters to employers across the country on their website, along with sample letters. We've been contacted and have heard from several employers, some with as few as 10 employees to as many as 500 employees, that have received these letters. 

What are "No-Match" Letters?
  • "No-Match" letters from SSA notify employers that the information provided by an employer to SSA does not match SSA's records, and therefore, the agency cannot correctly allocate wage report information for that worker.

If I receive a no-match letter from SSA, does this mean those employees are not authorized to work?
  • NO, not necessarily. The letters themselves state that receiving a letter about a certain employee does not indicate that the employee does not have work authorization. The employer should not take any adverse action against the employee.

Can SSA take adverse action against my business/employees due to these letters?
  • SSA does NOT have authority to enforce immigration laws. However, we suspect that employers who receive no-match letters are at a greater risk of receiving notices of I-9 inspections or, worse, experiencing a work-site raid.
  • It is unclear if SSA will be sharing any information with DHS/ICE but, given the political climate, it is a possibility, and if employers aren't careful, they could face severe fines and penalties.
 
What should I do if I receive a no-match letter?
  • If you receive a letter, we recommend you take the following steps:
    • Complete a self-audit of your I-9 Employment Verification forms.
    • SEEK LEGAL ADVICE: Employers who receive a no-match letter from SSA should seek the legal advice of an immigration employment attorney. For assistance or referrals, please contact Irakere Picon at ipicon@americanbic.biz.
  • NEVER take adverse action against an employee simply for receiving a no-match letter from SSA. An employer could be liable for employment, labor law, and civil rights violation.

TAKE ACTION
 
1. Contact your representatives and tell them that you are opposed to these letters because they are bad for business, especially small businesses, as well as an ineffective attempt to regulate our immigration laws through an agency that cannot enforce immigration laws.


2. Write an op-ed or letter to the editor on behalf of your business, with your association and/or chamber pushing back on the issuance of these letters.

 

The American Business Immigration Coalition (ABIC) promotes sensible immigration reform that supports the economy of the United States, provides American companies with both the high-skilled and low-skilled talent they need, and allows the integration of immigrants into our economy as consumers, workers, entrepreneurs and citizens. For more information, visit http://americanbic.biz. 
 
 

Our mailing address is: 
American Business Immigration Coalition (ABIC)
1801 S. Ashland Avenue
Chicago, IL 60608