The Immigration Reform and Control Act of 1986 mandates employers comply with the Employment Eligibility Verification Form I-9. Compliance is imperative but can be complicated without the assistance of a knowledgeable immigration attorney. Employers must fill out and keep a Form I-9 for every person hired on or after November 6, 1986. The Form I-9 must be completed within three business days of the date employment begins. If the new hire claims that the necessary documents where lost, stolen or destroyed, he/she must provide a receipt for replacement documents within the three days. If a prospective employee has presented a receipt for a replacement document, he/she must produce the actual document within 90 days of the date employment begins.
While not intended to replace legal advice on corporate compliance questions, basic information for employers on acceptable identity and employment authorization documents can be found in the USCIS Handbook for Employers. USCIS has also issued a reminder that a revised Form I-9, Employment Eligibility Verification Update went into effect April 3, 2009 for all U.S. employers.
E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in concert with the Social Security Administration (SSA) for electronic employment eligibility verification. Government regulations, Federal and State laws are still evolving on employer registration requirements. At Teplen Law Group, PLLC, we work with employers to find out whether they need to register, and assist in registration and use of the system for full compliance.
Social Security No-Match Letters
The Social Security Administration (“SSA”) No-Match Letters are issued to inform employers that employee information provided to them on the Form W-2 (Wage and Tax Statement) does not match available SSA records. SSA sends out these “no-match” letters when the names or Social Security numbers (SSNs) listed on an employer’s Form W-2 do not match SSA’s records. The letter notifies workers and employers of a discrepancy and alerts workers that they are probably not receiving proper credit for their earnings, which can affect future retirement or disability benefits.
These “no-match” letters also serve to alert employers that certain of their employees may not be authorized to work in the U.S. The “no-match” letter states that employers should not take any adverse action against an employee, such as suspending, firing, or discriminating against that employee, solely because his/her or Social Security number generates a “no-match” letter. Taking such action could violate State or Federal law and subject an employer to legal consequences. To avoid liability for unlawful employment, employers should contact Teplen Law Group, PLLC, to develop compliance programs, and for guidance in responding appropriately to these letters. Information on “no-match” letters can also be found on the Social Security Administration website.
To talk to a lawyer about any personal or business immigration concern, call our offices in New York City at 212-401-4040 or Toll-Free in the U.S. at 800-244-5266. You can also contact us online.
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