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Social Security “no-match” letters
A Social Security Administration (SSA) no-match letter is a written notice issued by the SSA to an employer, usually in response to employee wage reports submitted the employer. Such a letter advises that the name or social security number (SSN) reported by the employer for one or more employees does not match a name or SSN combination reflected in SSA’s records.
The letter cautions employers against taking any adverse employment action against a referenced employee based solely on receipt of the letter, and explicitly states that the letter makes no statement about the referenced employee’s immigration status. The letter is meant to report an apparent error in either the employer’s records or the SSA’s records, and seeks the employer’s (and, if necessary, the employee’s) assistance in conforming those records.
While no-match letters do have implications from a payroll perspective, employers are typically as concerned (if not more so) with an employee’s work eligibility upon receipt of such a letter. However, the fact that an employee’s name and SSN don’t match SSA’s records does not automatically mean that the employee is not authorized to work. There are many possible reasons for a no-match letter, many of which have nothing to do with an individual’s immigration status or work authorization.
Because of this, an employer should not assume that an employee referenced in a no-match letter is not work authorized, and should not take adverse action against the referenced employee based on that assumption. Such action could subject the employer to liability under the antidiscrimination provision of the Immigration and Nationality Act (INA), which prohibits employers from discriminating on the basis of national origin, citizenship status, or immigration status. The INA also prohibits document abuse (requiring specific documentation from employees or requiring more documentation than is required by the Form I-9, for example) during the employment eligibility verification process.
Where else might a mismatch notification come from?
Employers might also be alerted to a mismatch between an employee’s name and social security number via other avenues. For instance, an alert similar to an SSA no-match letter could be received by an employer from:
- A commercial businesses that conduct employee background checks;
- Third-party identity theft inquiries; and
- Health providers providing services to an employee under an employer-provided health plan.
Information from these sources might be received by employers and employees by mail, email, other electronic format, or by telephone.
What might cause a no match?
There are many reasons for a no-match notice, including but not limited to:
- An unreported name change due to marriage, divorce or naturalization;
- Input errors by SSA staff;
- Reporting errors by an employer or employee;
- Identity theft;
- Errors in reporting hyphenated or multiple surnames; and
- Fraud.
How to respond to a no-match
Employers must treat any notice of a social security mismatch cautiously. Again, an alert that there is a problem with an employee’s social security number is not conclusive evidence that a problem exists with the employee’s work authorization.
The Department of Justice has issued guidelines for employers on how to handle social security no match letters (and also on how not to respond). Employers should:
- Recognize that name/SSN no-matches can result because of simple administrative errors.
- Confirm that the name and SSN reported by the employer accurately reflect the referenced employee’s name and SSN.
- Inform the employee of the no-match notice.
- Ask the employee to confirm his/her name and SSN reflected in your personnel records.
- Advise the employee to contact the SSA to address the reported no-match.
- Give the employee a reasonable period of time to address a reported no-match with the local SSA office. Unfortunately, there are no federal statutes or regulations in effect that define a “reasonable period of time” in connection with the resolution of a no-match notice. As a practical matter, a “reasonable period of time” depends on the totality of the circumstances. In the E-Verify® context, however, the SSA has the ability to put a tentative nonconfirmation into continuance for up to 120 days. This recognizes that it may take some time to resolve a discrepancy with the SSA’s database.
- Follow the same procedures for all employees regardless of citizenship status or national origin.
- 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.
- Review any document the employee chooses to offer showing resolution of the no match.
- Submit any employer or employee corrections to the SSA.
Employers should NOT:
- Assume the no-match conveys information regarding the employee’s immigration status or actual work authority.
- Use the receipt of a no-match notice alone as a basis to terminate, suspend, or take other adverse action against the employee.
- Attempt to immediately reverify the employee’s employment eligibility by requesting the completion of a new Form I-9 based solely on the no-match notice.
- Follow different procedures for different classes of employees based on national origin or citizenship status.
- Require the employee to produce specific I-9 documents to address the no-match.
- Require the employee to provide a written report of SSA verification (as it may not always be obtainable).
Can you avoid the problem?
Employers may be able to reduce the frequency of no-match letter receipts by using the Social Security Number Verification Service (SSNVS). SSA offers this free online service that allows registered users (employers and authorized third-party submitters) to verify the names and SSNs of employees against SSA records. Verifying SSNs in this way allows SSA to properly credit the correct earnings to an individual’s earnings record.
Note that these services are to be used only be used for wage reporting purposes. An employer’s use of SSNVS for any other reason (e.g., to verify work authorization) is improper and may violate the antidiscrimination provision of the INA.
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