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ARTICLE · 13 MAY 2011

No-Match Letters Are Back!

Barnes & Thornburg LLP
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The Social Security Administration (SSA) Commissioner recently issued a directive to resume sending employers so-called "no-match letters" when an employee’s name and Social Security Number from the employer’s W-2 Form do not match the SSA’s records.

United StatesEmployment and HR
Barnes & Thornburg’S Labor & Employment Group
Barnes & Thornburg’S Labor & Employment Group
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The Social Security Administration (SSA) Commissioner recently issued a directive to resume sending employers so-called "no-match letters" when an employee's name and Social Security Number from the employer's W-2 Form do not match the SSA's records. The SSA stopped sending no-match letters as a result of the litigation and the ultimate rescission of the Department of Homeland Security's (DHS) controversial 2007 No-Match Rule, which provided employers with a step-by-step process for responding to no-match letters. You can view our previous Alerts on this subject by clicking here and here.

Experienced human resource professionals know that no-match letters put employers between a rock and a hard place. On one hand, the Bureau of Immigration and Custom Enforcement (ICE) takes the position that employers who ignore no-match letters have constructive knowledge of an employee's unlawful immigration status in violation of the Immigration Reform and Control

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