Vigilant Blog

After a nearly three year hiatus, the Social Security Administration (SSA) has reportedly resumed issuing “no-match letters” to employers. The SSA stopped issuing the letters in the fall of 2007 when a judge blocked the Department of Homeland Security’s rule providing a safe harbor to employers who respond to no-match letters. There is no official guidance on how to respond to a no-match letter and this latest round of letters state that the letter in and of itself is no reason to take adverse employment action against an employee. Nevertheless, Vigilant advises you, as an employer, to follow up on no-match letters to avoid a later claim by Immigration and Customs Enforcement that you had knowledge of an employee’s undocumented status. For guidance, see our Legal Guide, “Responding to Notice of Questionable I-9 or SSN Documentation” (2501).