17 Jun SSA resumes sending no match letter to employers

By Atty. Crispin Caday Lozano

The Social Security Administration clarifies its position in resuming the sending of no match letter.  This is a letter sent to the employers informing them of the information reported to them cannot be processed because the name on the W2 and the Social Security Number does not match in their records.  Employers are required to make the correction within 60 days.

This made immigrants who are undocumented to be concerned.  The first concern is whether their names are reported to the Immigration and Customs Enforcement or the USCIS.   The other concern is if the undocumented is discovered working without authorization, will he be subject to penalties.  

The SSA responded to Representative Jim Costa inquiry about the purpose of this no match letter.  The response of SSA is summarized below: 

Question:   In implementing this program, has SSA shared any information about employers and employees whose records do not match with other agencies?

Answer:      Forms W-2 data, including the EDCOR letter data, is considered Federal Tax Information under section6103 of the Internal Revenue Code (IRC); thus, we are prohibited from sharing this information with other agencies unless for a specific purpose authorized under IRC section 6103. We note that, because we process all wage reports as an agent of the IRS and its work, we share all Forms W-2 information with IRS on a daily basis, and include an indicator code when the name and SSN do not match our records. 

Question:   If it is discovered that an employee was undocumented and/or was not authorized to work in the United States, what actions would SSA take?

Answer:  As noted in the EDCOR (Educational Correspondence)  letter, a name and SSN no-match is not an indication of an employee’s work authorization or immigration status. Because a no-match provides insufficient information to determine its cause, SSA takes no specific actions other than to send the EDCOR letter to the employer to try to resolve the no-match and ensure proper crediting of wages to employee records. SSA is not a law enforcement agency and our role is limited in scope to trying to ensure we credit each employee with his or her earnings to determine eligibility for and the amount of program benefits. Additionally, the EDCOR letter specifically advises employers not to take an adverse action against an employee based on the letter. 

Note:    This is not a legal advice. 

SUCCESS STORIES

1. For June 2019, we received approvals of three adjustment of status, four naturalization applications and two certificate of citizenship applications.
2. On May 6, 2019, we received approvals of three adjustment of status applications and two Naturalization applications.
3. On April 24, 2019, we received approval from USCIS for three naturalization applications and one adjustment of status.
4. On March 29, 2019, we received an approval of adjustment of status for a client whose petitioner and primary beneficiary has died under INA 204(l)
5. On March 28, 2019, we received an approval of renewal of green card for a client who was in the Philippines under medical treatment for one and a half years.
6. From March 4 to 26, 2019, we received six adjustment of status approvals.
7. For the month of February, 2019, we received tow approvals of renewal of green card and one approval of removal of condition on residence.
8. On January 16, 2019, we received an approval of naturalization for a client who received a waiver of misrepresentation in Immigration Court.
9. On January 28, 2019 we received an approval of adjustment of status for a client who entered on a visa waiver.
10. On December 6, 2018, we received an approval from Immigration Judge an adjustment of status for a client in removal proceedings.
11. On December 26, 2018, we received an approval from USCIS of adjustment of status for a client after our response to Notice of Intent to Deny the case based on good faith marriage issues.
12. On December 28, 2018, we received an approval of a naturalization from USCIS for a client who was granted a waiver of misrepresentation in Immigration Court.
13. For the month of December 2018, we received approvals of I-751 for three clients.
14. For the month of November 2018, we received approvals of two adjustment of status, one naturalization and one U visa petition.
15. For the month of October 2018, we received five approvals of N-400 and one approval for adjustment of status, two approvals of I-601A waiver of unlawful presence and one I-751 Removal of Condition on Residence.
16. On September 19, 2018, we received an approval of N-400 naturalization application and one Fiancée visa petition..
17. For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
18. On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.

Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers.  He practices immigration law, bankruptcy and personal injury law since June 1999.  His contact phone is 1-877-456-9266, email: info@CCLlaw.net