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​The Social Security Administering (SSA) afresh appear that it will resume arising of Employer Correction Request notices, frequently accepted as no-match letters, in bounce 2019. These belletrist acquaint administering and third-party account providers such as amount companies of discrepancies amid employer submissions and the SSA’s own records.

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The SSA began sending no-match belletrist in 1993 to administering who submitted Social Security abstracts that did not bout the agency’s records. Believing such a alterity could be affirmation of crooked employment, the Bush administering issued a adjustment in 2006 that set alternating procedures for administering to chase aloft cancellation of an SSA no-match letter. Administering who followed those procedures were provided a safe anchorage from allegations of accepting “constructive knowledge” of crooked employment. 

The aphorism was captivated up in activity from 2007 through 2009. The Obama administering rescinded the adjustment in 2009 and in 2012 abeyant all advice to administering apropos abstracts mismatches. Alike after apprehension from the SSA, however, administering connected to acquisition out about Social Security abstracts discrepancies from a array of sources, including the Internal Acquirement Service, accompaniment acquirement agencies and agent allowances managers.

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Meanwhile, alike after a regulation, clearing admiral and federal prosecutors still attention an employer’s abortion to act aloft advertent a Social Security alterity as affirmation of effective ability of crooked employment. However, after a regulation, clearing admiral accept not been able to acquaint administering how to act, abrogation administering to their own accessories back acclamation a conflict but after any affirmation of a safe harbor, alike as they act with due diligence. Moreover, government auditors commonly ask administering about SSA annal discrepancies during application accommodation analysis (Form I-9) audits, accent the acceptation of the no-match letters, abnormally because the Trump administration’s advertisement that it is accretion the antecedent administration’s administration akin by 400 percent to 500 percent.

[How able-bodied do you accept I-9 compliance? Take this quiz to acquisition out.]

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Further compounding employers’ dilemma, the Immigrant and Agent Rights Section of Justice Department’s Civil Rights Division, forth with added authoritative agencies, accept scrutinized administering for allegedly not affording workers able befalling to boldness the discrepancies and selectively demography adverse application activity based on adequate characteristics such as clearing status. 

In sum, the SSA’s arising of the no-match belletrist signals a renewed and acute accomplishment to authority administering amenable for absolute Social Security annal discrepancies. It is analytical that administering assignment with competent acknowledged admonition to advance behavior and best practices to abode these discrepancies in a proactive and active yet aloof and abstract fashion.

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[Visit SHRM’s ability folio on workplace immigration.]

Patrick Shen is a accomplice in law close Fragomen’s Government Strategies and Corporate Acquiescence Group, based in the Washington, D.C., office.

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