The Department of Justice issued an excellent guide to employers (see below) today on the Do’s & Don’ts of name and social security “No Matches”:
DO:
1. Recognize that name/SSN no-matches can result because of simple administrative
errors.
2. Check the reported no-match information against your personnel records.
3. Inform the employee of the no-match notice.
4. Ask the employee to confirm his/her name/SSN reflected in your personnel records.
5. Advise the employee to contact the Social Security Administration (SSA) to correct
and/or update his or her SSA records.
6. Give the employee a reasonable period of time to address a reported no-match with
the local SSA office.
7. Follow the same procedures for all employees regardless of citizenship status or
national origin.
8. Periodically meet with or otherwise contact the employee to learn and document the
status of the employee’s efforts to address and resolve the no-match.
9. Submit any employer or employee corrections to the SSA.
DON’T:
1. Assume the no-match conveys information regarding the employee’s immigration
status or actual work authority.
2. Use the receipt of a no-match notice alone as a basis to terminate, suspend or take
other adverse action against the employee.
3. Attempt to immediately re-verify the employee’s employment eligibility by
requesting the completion of a new Form I-9 based solely on the no-match notice.
4. Follow different procedures for different classes of employees based on national
origin or citizenship status.
5. Require the employee to produce specific documents to address the no-match.
6. Ask the employee to provide a written report of SSA verification.
We link to SSA No Match FAQs
For more information on the anti-discrimination provision of the Immigration and Nationality
Act, feel free to call our office or contact the OSC through its employer telephone hotline or visit OSC’s Website:
Employers: 1-800-255-8155
Website: https://www.justice.gov/crt/osc/
Please visit our new employer I-9 resource center at: www.I-9Audits.com
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