No Match Letter

HRgsf

What do you have to do (if anything) in response to a no-match letter (Request for Employer Information) from the Social Security Admin?

IrisD

Don't panic.  It's really just a letter to get your cooperation in looking into the discepancy and fixing the error.  Go back and make sure that there wasn't a transposition of numbers or other keying error. If there was an error, notify the Social Security Administration and verify the date, time, and the correction made.

If the error wasn't a typo, you will have to speak with the employee to reconfirm the SSN that you have. If the employee says the number he or she gave you was correct, the employee will have to contact the SSA. 

You'd better handle this soon.  I think you only have 14 days to respond to the letter.

SFbay

 I read that Department of Homeland Security proposed a rule on this very subject.  The rule includes a "safe harbor" for employers. I found an article on it on this site: http://hr.blr.com/display.cfm/id/18619. I copied part of it below.  I hope this helps.

 "The proposed regulation would clarify that if the employer fails to take
"reasonable steps," and if the employee is in fact an unauthorized worker, DHS
may conclude, depending on the totality of relevant circumstances, the employer
had "constructive knowledge" of that fact in violation of immigration law.

Safe Harbor

In the proposed regulation, DHS outlines a safe harbor for employers who take
"reasonable steps," within 14 days of receipt of a no-match letter, to attempt
to resolve the discrepancy. Such steps may include:

• Checking records promptly after receiving a no-match letter, to determine
  whether the discrepancy results from a typographical, transcribing, or similar
  clerical error in the employer's records or in its communication to the SSA or
  DHS. If there is such an error, the employer would correct its records, inform
  the relevant agencies, and verify that the name and number, as corrected, match
  agency records--in other words, verify with the relevant agency that the
  discrepancy has been resolved--and make a record of the manner, date, and time
  of the verification.
  
• If such actions fail to resolve the discrepancy, the reasonable employer
  would promptly request the employee to confirm that the employer's records are
  correct. If they are incorrect, the employer would take the actions needed to
  correct them, inform the relevant agencies, and verify the corrected records
  with the relevant agency. If the records are correct according to the employee,
  the reasonable employer would ask the employee to pursue the matter personally
  with the relevant agency. The proposed regulation provides that a discrepancy
  will be considered resolved only if the employer verifies such with SSA or DHS.
  

The proposal also outlines a verification procedure an employer may follow if
the discrepancy is unresolved within 60 days of receipt of the no-match letter.
Under the verification procedure, the employer would complete a new Form I-9
with the employee. Both Section 1 and Section 2 of the new Form I-9 would have
to be completed within 63 days of receipt of the no-match notice.

The proposed regulation also states that if the employer is unable
to resolve the discrepency, and if the employer is unable to verify the worker's
identity and work authorization using a reasonable verification procedure, the
employer must choose between taking action to terminate the employee or facing
the risk that DHS may find that the employer had constructive knowledge that the
employee was an unauthorized alien."