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Greg Siskind on Immigration Law and Policy

THEY'RE BAAAACK! - SOCIAL SECURITY NO MATCH LETTERS RETURN

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The American Immigration Lawyers Association is reporting that the Social Security Administration has resumed sending "no match" letters that tell employers that employees social security numbers do not match the number in the SSA database. There are a few differences from past no-match letters. First, language warning employers that failing to act on a no-match letter can be considered as constructive knowledge of an employee working without authorization is no longer included. Also, letters will list only one employee in each letter rather than multiple workers.

The letters remind employers that they should not take adverse action against a worker strictly on the basis of a no-match letter. SSA is advising employers to first check their records and if the problem is not with the employer, then the employer should instruct the employee to contact SSA. The notice states that it can take two months or longer to get a new or replacement Social Security card.

If an employer is unable to resolve the issue because the employee leaves the employer or is unable to provide a new card, the employer should document its efforts and keep the documentation for four years. The Department of Justice's Office of Special Counsel is advising employers not to terminate unless a "reasonable period of time" has passed for the worker to resolve the problem. What is "reasonable" is not defined though AILA notes that E-Verify problem resolutions can be continued for up to 120 days.


The big question is whether we'll see mass confusion like we saw earlier this decade when the letters were previously sent out by the thousands.

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Comments

  1. Immlaw's Avatar
    SSA is resuming sending out DECOR letters to the employees (which get sent to employers only if the employee's address is problematic), not the EDCOR letters of old that went straight to employers.
  2. Frank W.'s Avatar
    A logical step carefully designed by the Obama Administration that seeks to create an unsustainable environment for businesses across the union. Many of them may be forced to stop (or close) their activities due to the massive amount of undocumented employees currently hired; therefore, they will demand an immediate action to fix this already failed immigration system.
    Due to this type of nonsense and Congress' inability to pass an immigration reform (an IRRELEVANT institution at this point), President Obama will sing an Executive Order granting some sort of legal protection to millions of undocumented immigrants living in the United States based on certain prerequisites and requirements.
  3. gg's Avatar
    Global trends show reverse brain drain: Study


    According to a new report by Frost and Sullivan one of the top global mega trends the world will witness reverse brain drain, wherein the vast vacancies for CXOs in countries like India will be filled not only by returning Indians, but also by Americans and Europeans seeking better prospects.




    http://ibnlive.in.com/news/global-trends-show-reverse-brain-drain-study/149120-3.html

    http://www.corporateventuringconference.com/PRESENTATIONS/2011/PDF/05%20Krishna%20Srinivansan%20and%20Art%20Robbins.pdf
  4. Who cares's Avatar
    The way things are going there is absolute no hope of an immigration reform where educated and qualified legals don't have to wait for 20 yrs to a green card. The report link posted by "gg" pretty much hits the nail. It is this unwillingness to fix the legal system that will cost the US in terms of innovation and competitiveness, and may well be responsible for the sluggish economy. Keep it going, and help other countries like India, brazil and China reach the top within the next 10 years.
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