The Social Security Card and Immigrant Workers

When providing trainings on immigrant employment issues, I have been asked a number of questions regarding the Social Security Card / Number and employment documentation issues:

Is it necessary for workers to show a Social Security Card to be employed?

No, it is not necessary. When completing the I-9 form, there are many options for documenting work eligibility. While the Social Security Card is one of the most common ways, it is not necessary.

Is it possible for refugees, asylees, and other legal immigrants to work before receiving a Social Security Number?

When there is a signicant delay in receiving a social security number from the SSA, it may still be possible to be employed if the worker has other documents to prove work eligibility. To read the Social Security Administration's directive on this matter, Click Here.

What will happen if a worker or employer submits an inaccurate Social Security Number?

Every year employers send wage reports for their workers to the Social Security Administration. SSA uses this information to determine workers' eligibility for Social Security benefits, and the amounts of these benefits. If the employee's name and SS number presented by an employer do not match the number and name in the SSA database, it is impossible to attribute the income to the correct person. For this reason, SSA has until recently sent employers a "No-Match" letter.

When receiving a No-Match letter, employers who follow the procedures below, will be protected from charges by DHS and by OSC. OSC has advised employers to

1. Check their own records for errors.
2. Inform employee of the No-Match letter.
3. Request that employees check their record for errors.
4. Refer employee to the local SSA office for assistance.
5. Submit any employer or employee corrections to the SSA.
6. Allow the employee to continue working and receiving pay for at least 90 days while waiting for the issue to be cleared up with SSA.
7. Treat all employees, immigrants and non-immigrants the same.

One important court case tested what rights workers have when employers unfairly let them go based on "No-Match" letters. In early 2003, the Aramark Corporation received "No-Match" letters for 48 of their employees working at the Staples Center, in Los Angelos. The corporation sent letters to these employees asking that they clear up the problem within three business days. Of those 48 employees, 33 were unable to clear up the problem before the deadline and were let go. Their labor union sued on their behalf and after working it's way through the appeal process, the workers were eventually reinstated in their jobs and given back pay for the time they were out of work.

At the current moment, because of a lawsuit pending in the 9th Circuit Court, employers are not being sent the "No Match" letters. Rather they are being sent directly to the employee. However, they may soon resume sending them to employers.

Employers who have questions about these procedures can contact OSC's Employer Hotline: 1-800-255-8155, or contact NEER at 215-747-7500 Ext. 257.

Another question is currently being addressed by the US Supreme Court: What legal penalties can be applied to undocumented workers whoknowingly provide false Social Security numbers? Last year immigration officials raided a meat packaging plant and arrested 389 workers for having false documents. They charged them with identity theft using a law that was originally set up to prosecute thieves who use false documents to steal from bank accounts. This use of the law is being challenged in the Supreme Court. For more information about this case Click here.