Month: April 2011

by SCwpadmin SCwpadmin 10 Comments

Social Security Administration No-Match Letters

The Social Security Administration has recently begun issuing no-match letters which inform employers that an employee is using a social security number that does not match the information held by SSA. Employers enjoyed a long break in receiving the letters, as SSA had stopped sending them in 2007.

Currently, the SSA is sending one letter per employee for which the information does not match. Like the prior letters, the current version reminds employers that there many reasons for mis-matched data.

We recommend that employers who receive no-match letters first check their records to see if they have provided the correct information. If the employer’s records are correct, we recommend notifying the employee, in writing, and explain that the employee needs to take steps to fix the problem, such as contacting SSA. We believe 120 days is a reasonable time since Social Security Administration’s own manual states that it can take two months or longer for an individual to get a replacement SS card. Additionally, the original Department of Homeland Security (of which all the immigration agencies are part) rules (now rescinded) allowed 90 days. Additionally, the Office of Special Counsel of DHS suggests 120 days as a reasonable time frame.

For further issues related to SSA no-match letters we recommend employers contact counsel.

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H-1B Season is Open

USCIS started accepting H-1B applications for fiscal year 2012 on April 1, 2011. H-1Bs filed pursuant to the 2012 fiscal year cap will become effective on October 1, 2011. As of April 15, 2011, USCIS had received 7,100 H-1B applications under the regular 65,000 H-1B cap and 5,100 applications in the master’s exemption pool of 20,000 cap numbers.

It is impossible to predict, exactly, how quickly the H-1B cap numbers will be exhausted so all employers are encouraged to start work on H-1B cap cases in the near future.

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