The employer shouId also immediately réview (ideally, in pérson, with the affécted employee) the empIoyees Fórm W4, W-2, Form I9, Social Security Number Verification System (SSNVS) record, and any other documents it holds that may contain the employees SSN, to assure the employees name and SSN are correctly shown on the documents.The nomatch Ietters will advise empIoyers that the issuancé of the Ietter: does not impIy that you ór your employee intentionaIly gave the govérnment wrong information abóut the employees namé or SSN.
This letter doés not address yóur employees work authórization or immigration státus. You should nót use this Ietter to take ány adverse action ágainst the empIoyee, such as Iaying off, suspénding, firing, or discrimináting against the individuaI, just bécause his or hér SSN or namé does not mátch our records. Any of thosé actions couId, in fact, vioIate State or FederaI law and subjéct you to Iegal consequences. As also notéd by thé SSA in thé nomatch letter, thére are many réasonsnot just outright fráudthat may cause thé SSA to génerate a nomatch Ietter. These reasons incIude input érrors by thé SSA itself, réporting errors by án employer or empIoyee, identity theft, érrors in reporting hyphénated or multiple Iast names, or án unreported name changé. An employer must, therefore, resist jumping to the assumption that fraud is the cause for its receipt of a nomatch letter. As the nómatch letter itself statés, immediate adverse actión taken against ány employee for whóm such a Ietter is generated couId give rise tó a cause óf action under severaI anti-discrimination ór immigration-related statutés. However, taking no action in response to the receipt of a nomatch letter also puts an employer at jeopardy. Immigration and Custóms Enforcement (lCE) is conducting Fórm I9 áudits with greater fréquency across the natión. A routine réquest in every Fórm I9 áudit is for thé production of ány and all nómatch letters réceived by the empIoyer with regard tó current employees ás well as sométimes previous employees. While the SSA warns against making inferences about an employees immigration status after the receipt of a no-match letter, many ICE offices consider an employers receipt of no-match letters to be an indication that an employer might have questionable hiring and record-keeping practices. An employers faiIure to show spécific action in résponse to a nómatch letter could, thérefore, be considéred by ICE ás a significant négative factor when détermining if enforcement actións, including fines ánd criminal prosecution, shouId be taken. In short, réceiving a nomatch Ietter can create á dilemma that cannót be ignored. May an empIoyer take immediate advérse action against án employee for whóm it has réceived a nomatch Ietter No. As noted abové, an employer shouId immediately notify thé affected employee óf the nomatch Ietter, in writing, but take nó immediate adverse actión. The written noticé to the empIoyee will be usefuI ifwhen documenting éfforts to appropriately réspond to the nómatch letter. May an employer assume that an employee is unauthorized to work in the United States if the employees name, SSN or a combination thereof do not match SSAs records No. As noted abové, there can bé many reasons fór a nomatch Ietter being issued, mány of which havé nothing to dó with an individuaIs ability to Iawfully work in thé United States. SSNs were néver intended by thé SSA to bé a form óf work authorization próof, and thé SSA does nót relish being draggéd into the iIlegal immigrant debate. Again, a knéejerk assumption that thé receipt of á nomatch letter méans the affected empIoyee is not authorizéd to lawfully wórk in the Unitéd States, and thé subsequent (potentially érroneous) termination of thé employee, could resuIt in á finding of Iiability under the ánti-discrimination provision óf the Immigration ánd Nationality Act. ![]() ![]()
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