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Volume XII, Number 340

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December 05, 2022

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Received a No-Match Letter from SSA?

The Social Security Administration (SSA) No-Match letters to employers are notifications from SSA that an individual employee’s W-2 form does not match SSA’s records. The letters also inform employers that corrections are necessary and direct employers to use the SSA’s Business Services Online (BSO) database, which requires registration, to find out exactly which employees came up as “mismatched” and to respond.

What are some of the reasons that there might be a “mismatch”?

  • An administrative error or typo

  • Misspelled names

  • Numbers reversed

  • Name change due, for instance, to marriage

  • Fraudulent social security card

Upon receipt of a No-Match letter, an employer must walk a narrow path. Receipt of a No-Match letter without more does not indicate that the employee intentionally provided incorrect information and does not adversely affect employment. At the same time, ICE routinely inquires about receipt of No-Match letters as part of an I-9 audit. Accordingly, upon receipt of the letter, employers should consider appropriate follow-up consistent with government instructions.

Basic steps employers should take include:

  • Compare the SSA information with the individual’s other employment records – is there a scrivener’s error?

  • If the employer’s records match, notify the employee in writing and ask the employee to check the name and number on his or her Social Security card.

  • If the information on the card matches the No-Match letter, notify the employee in writing to resolve the no match with SSA.

  • Document all steps taken to comply with the No-Match requirements.

Jackson Lewis P.C. © 2022National Law Review, Volume IX, Number 99
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About this Author

Michael H. Neifach Jackson Lewis Employment visa Lawyer border security matters attorney
Principal

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

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