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Social Security Mismatch Compliance

Employee Social Security Mismatch Lawyers

With the increase in illegal immigration and identity theft, an alarming number of employees are working with an invalid Social Security number. As an employer, you could face strict sanctions for failure to perform adequate employment verification.

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The immigration law office of NPZ Law Group offers guidance and training about how to proceed after receiving notification of a mismatch in Social Security numbers.

Contact the attorneys at NPZ Law Group for experienced assistance in Social Security mismatch compliance.

What to do after Receiving a Mismatch Notification

The Social Security Administration (SSA) notifies employers annually of any employee whose name, Social Security number, and date of birth do not match SSA records. Approximately 10 million Social Security mismatch letters are mailed to employers each year. Transcription errors, marriage and name changes are responsible for some of the mismatches; immigration problems account for others. It is important to understand how to proceed to ensure you are not subject to employer sanctions, but also that you are not sued for discrimination.

Litigation over ICE Mismatch Insert

In 2006, US Immigration and Customs Enforcement began inserting a letter with the SSA's mismatch notification. The ICE letter gives employers information on how to respond to the SSA mismatch notification in a manner consistent with immigration laws. Following these steps gives employers a "safe harbor" from being held liable for immigration law violations.

The administrative rule discussed in this letter is being litigated in federal court. If you have received a mismatch letter and want the most current advice on how to respond, please contact us as soon as possible.

The following are measures an employer can take after receiving a Social Security mismatch letter:

  • Review human resources files to ensure documentation is correct and that there were no transcription errors.
  • If the documentation is accurate, direct the employee to work the problem out with the SSA.
  • If the employee cannot work out the problem with the SSA, the employer must act carefully not to improperly terminate the employee.

A Social Security mismatch letter does not give an employer constructive knowledge that an employee is unauthorized to work in the United States. Rather, it raises a question. Consult with a skilled immigration law attorney at NPZ Law Group regarding the concern.

For further information, please review the ICE No Match Letter Fact Sheet.

Contact the Social Security mismatch lawyers at NPZ Law Group today.

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