Anyone fearing the SS# requirements?

[angela256z]

My husband called me from work today. He said that one of his USC co-workers came up to him and said did you see the news? Bush is signing a deal where all the employers have 30 days to check the SS# and fire those who do not match. Now my husband never calls me from work unless something is important or I called him. He is scared now. He wants to know in 30 days what is he going to do? He says that since he can not afford to pay for the bigger apt we were planning on moving to in Dec that we can't move there now. He thinks it would be best that I move to a small cheaper place and he move back to MX and wait for the papers. I am not ready for that. Is anyone else fearing this? Is it really official now? I thought Bush was here to help them. Instead I feel like he lied and is now just found a way to kick them all out of the country.

Anyone have ideas on what I should do?

[epm525]

I'm so scared that I can't bring myself to read the threads or articles about it yet. :(

[princesa]

wow angela...sorry to hear that..i don't know what to say, but hang in there maybe it is a bluff...we can hope.

[waitingyears]

I heard that on the news as well. I live in Ohio and they are really cracking down hear. They said they have rounded up more than double the illegal workers than they had this time last year. Showed footage on the news of them taking a mother away with her children crying in the yard. Makes me so sad for the families

[angela256z]

It just makes me sad cause I rather support him here and not have him work until his interview, but my husband is the type of person that does not want to live off people. He says that I should just save the money and he will go live in MX until the interview. I make more than $50,000 a year I can support him, but he says it would be better and then when I started to cry he told me that we would talk about it when he gets home tonight. He lived off me once before, for a month. I could tell he hated it, but I don't want him to leave now and what if we get backloged? Two+ years without my husband? I know a lot of you ladies have done that, but if you had the chance for him not leaving like mine has you would have made him stay right? I normally let him do what he wants, but I think I am going to put my foot down. He thinks him staying and living off me is going to hurt more than him leaving and not using my money.

[epm525]

My husband is totally the same way. He will be miserable if he can't work and contribute. This sucks. Hopefully it will be all talk.

PS - I just read some of the articles so now I know what's going on. I hate getting those letters - they scare me.

[epm525]

Maybe we can make them really long "Honey-Do" lists to make them feel like they are earning their keep! :thumbup:

[waitingyears]

My husband has been gone since Feb 2005, knowing what I know now I would have done anything not to have gone through this. The separation is very hard especially not having any idea of when or if they're comming home. Good luck to you I know this whole process is ful of impossible decisions

[princesa]

wow angela...now its time to say another prayer and keep our fingers crossed that things don't go that way.

[angela256z]

LOL - Yes my husband hates our messy house. Maybe I can make him daily chores. I am thinking on filing the I-129F now to get an interview sooner and just pay the extra money. With the huge amount of packets that were mailed in last month no telling how much sooner fiance interviews will be, but I don't know what else to do anymore.

I just read an article that said the new rules will come into effect in 30 days. It will give the employers 90 days to clear up the social errors or fire the employee. They said they made the new laws because congress could not come up with CIR. How stupid so lets just kick them al out and never give them a chance in the future right? Homeland Security are fighting against the wrong people. Mexicans are not going to be dropping bombs on our country anytime soon. It's the people we are killing in this stupid war and we are doing nothing to really keep them out.

OK sorry for the rant. I totally just transformed this into a soapbox issue, but really I just wanted to know what others are planning on doing if your spouses are fired?

[melissan02]

Yes, Michael Chertoff in a c-span interview I watched yesterday made it clear they will implement this crackdown within 30 days (mid Sept.). When SSN don't match names the employee will be notified by their employer. The employee will have approx. 90 days to rectify the discrepancy (although we know many of them won't be able to since most have a fraudulent SSN) if not they will be fired.
However, I get the feeling from Chertoff's press conference that the Bush admin. is taking this approach b/c when many of the work force in vital fields lose their jobs, and those jobs are not readily filed, the companies and american people will feel the punch, thus pressuring Congress to bring CIR back to the boards!!!
I think the DHS and Bush admin. are calling a bluff here folks. They don't want the CIR to die out completely, instead they'll try to work w/ the broken system that exists now in order to show it doesn't work!

Hang in there...let's call our Congressmen/women and let them know how we feel!!!!

[djones9714]

Comment: Read some of the articles on the internet. I read one article that basically stated that these letters will only go to employers who have 10 or more no-match ssn's. Maybe if this is true, it will help some of us.

[djones9714]

http://www.businessweek.com/smallbiz/content/aug2007/sb20070810_661692.htm?campaign_id=rss_smlbz

Here is the link -- read this.

[mi_corazon]

Yes, Michael Chertoff in a c-span interview I watched yesterday made it clear they will implement this crackdown within 30 days (mid Sept.). When SSN don't match names the employee will be notified by their employer. The employee will have approx. 90 days to rectify the discrepancy (although we know many of them won't be able to since most have a fraudulent SSN) if not they will be fired.
However, I get the feeling from Chertoff's press conference that the Bush admin. is taking this approach b/c when many of the work force in vital fields lose their jobs, and those jobs are not readily filed, the companies and american people will feel the punch, thus pressuring Congress to bring CIR back to the boards!!!
I think the DHS and Bush admin. are calling a bluff here folks. They don't want the CIR to die out completely, instead they'll try to work w/ the broken system that exists now in order to show it doesn't work!

Hang in there...let's call our Congressmen/women and let them know how we feel!!!!


Great insight!

Angela...I know that it has to be tough, but I will let you in on something...a good friend once told me (you know who you are:wink:) that everything happens for a reason!

You and your husband will make the best decision that fits both of your needs. Keep us updated as to what happens...we are here for you!

[VENZwife]

At our company these letters start coming in every february after the W-2's for the previous year are sent to the IRS on Jan.31st. You'd be surprised how many companies have more than 10 mis-matches, such as most restaurant chains, construction companies, cleaning services, and many many more... That means any company that has hired, or currently is employing, 10 or more people over the course of the whole year with mismatched SSNs (even people who only worked there 1 week) get the letters.

I am the HR/Payroll Manager for a construction company and get about 80 of these or more every year. However, the majority of the people are not employed with us anymore by the time we get them, since they are for the wages reported for the previous year. Since construction is a very transient profession (we hire local workforce at each jobsite), most have gone on to something else. I think there were only 5 employees remaining with us, out of 80 letters we received.

Since we only report earnings with the W-2's once a year, if someone with a mismatch number starts work on Jan. 31st, we will not get a mismatch letter until February the next year when the wages are reported for the previous year.

What I see happening is that it will spark a TON of turnover in February - April as the letters roll in and everyone is fired, then there will be a ton of hiring at the same time. Its going to be like a game of musical chairs, only with employers as the chairs. At the beginning of every year the music will stop and everybody "switch".

While this might start making some employers start verifying socials before hiring people, I highly doubt it. They need the workforce too much! We follow the letter of the law completely, and make sure every i is dotted and t is crossed on the I-9 forms of the people we hire (including making copies of documents presented to us). BUT, I know that if we started verifying numbers before hire, a lot of them would turn up incorrect, and we couldn't hire them. I know our superintendents would flip their lids if we told them they couldn't hire any more of their "amigos" to their workforce. Their productivity would decrease and their job cost would go up.

This may go into effect in 30 days, but I don't know how this will be enforced in 30 days, since the letters aren't sent out until wages are reported.

[angela256z]

See I knew this was coming, but i didn't think anything of it cause you can always work through things. This came a reality today when my husband called to let me know that they are warning him that this is coming. That he should be prepared that they are going to have to let him go once this goes into effect. It makes me so sad.

Venzwife - From what I hear new letters are going to be issued. If I find the article where I read that I will post it.

[dgman]

there is going to be much more than just checking ss numbers. here is a link from the dept of homeland security. http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm

how long and when all theese things are implimented. who knows. but it doesnt look good for ilegal workers.

[aprilstorm]

I know people that are here illegal and I am very worried. Thank God my hubby now has his green card.

[djones9714]

Angela256z: So are you saying that they already knew your husband was illegal?

I am going to predict that there is going to be a lot of "paying under the table" because of the rules when they come out.

[DavisGirl72]

This is so upsetting!I have my own ssn that I got while I was here first time ten years ago,so I should be fine but that whole thing is just so sad!Angela hopefully everything will work fine for your husband!

[pen1137]

i agree with djones...the cash-under-the-table will become more prevalent. i don't understand why the govt won't fix the initial problems instead of creating new ones...

[USCwifeinUtah]

My dh is an independent contractor, not an employee. I wonder if this will even begin to affect him; we can always use my company's TIN for 1099s.

[djones9714]

You are right. As an independent contractor, you can use a TIN number even if it is an individual. People operate businesses all the time using a TIN number and then pay themselves as employees.

[Glühbirne]

In most cases, it is illegal for an employer to fire an employee based on a social security mis-match letter. The employer has to give the employee a fair amount of time to "correct the discrepancy with the Social Security Administration." Tell him not to panic.

The government is not going to enact something so drastic because some sectors of our economy, especially agricultural, depend 90% on illegal foreign labor, and they would literally go broke if they had to fire thier entire work force. The government knows this, and trust me, it cares more about those companies than it does about illegals themselves AND the ordinary citizens who complain about them.

[Glühbirne]

The employee will have approx. 90 days to rectify the discrepancy (although we know many of them won't be able to since most have a fraudulent SSN) if not they will be fired.



Oh, I wouldn't count on them not being able to. I shouldn't be saying this, but I'm not exaggerating when I tell you that I have seen employees, who, when told thier social security card and/or number was not acceptable were able to "correct the problem" within the same day. And let me just say that it was obvious to me and everyone else involved that the way they were correcting the discrepancy was NOT by making a quick trip to the local Social Security Office. Of course, I had no idea. Not the slightest idea. For all I knew, they really were going to the social security office. :innocent: Even if it was closed that day :bounce:

[arcoiris]

It'll be interesting to see how it all plays out, that's for sure.

[angela256z]

Angela256z: So are you saying that they already knew your husband was illegal?

I am going to predict that there is going to be a lot of "paying under the table" because of the rules when they come out.

Djones - Yes they know he is not legal. The company he works for really like him, but they can not fight this. The also can not pay him under the table. He works for a large company. I guess we will see what happens

[princesa]

good luck angela and I will continue to pray for you and your hubby.

[angela256z]

good luck angela and I will continue to pray for you and your hubby.

Thanks...We are seriously thinking of doing the I-129F now so that we can speed up the process, but i am feeling much better about the issue today.

[djones9714]

Oh wow. That is unusual. Usually the large companies are so scared of the penalities that they usually fold. Surprising! My son-in-law was prepared to go forward last week and confess and I told him, NO. Wait and see if they go after small companies first. He is the only one there and he received a letter last year but his company didn't. I am hoping we can hold out for at least another 6-7 months until their I-130 is approved and then we can take it from there since he will have to confess up and tell them that he will have to return home for 6-8 months. He is just a great employee that I really don't think they would want to lose him and I am hoping that they are kind and generous people as I think they are and tell him that a job is waiting for him when he returns. He makes such good money and it took me forever to get his confidence up to the level that he started to feel that he was a good person that was deserving of a good job that I don't want him to have to start over.

Thanks for the info.

[angela256z]

Oh wow. That is unusual. Usually the large companies are so scared of the penalities that they usually fold. Surprising! My son-in-law was prepared to go forward last week and confess and I told him, NO. Wait and see if they go after small companies first. He is the only one there and he received a letter last year but his company didn't. I am hoping we can hold out for at least another 6-7 months until their I-130 is approved and then we can take it from there since he will have to confess up and tell them that he will have to return home for 6-8 months. He is just a great employee that I really don't think they would want to lose him and I am hoping that they are kind and generous people as I think they are and tell him that a job is waiting for him when he returns. He makes such good money and it took me forever to get his confidence up to the level that he started to feel that he was a good person that was deserving of a good job that I don't want him to have to start over.

Thanks for the info.

I asked his boss years ago about it cause my hubby had to take a month off and he knew that it was over immigration issues and stuff. So I asked why in such a large company they are hiring so many people without socials and he said look at your boyfriend (which he was at the time) he has worked for us for 5+ years. He is never sick, never late, hardly takes vacation and works holidays. He said I wouild never find an american to do that. He elaborated more, but it doesn't matter. I guess he told my husband that he is going to draw it out to the full 90 days. So that gives us about 4 more months of him working. We will see how it goes. I don't think homeland security realize what they are doing. It's a bad idea and it's going to ruin our economy.

[djones9714]

My sentiments exactly. That is the type of boss my son-in-law has -- at least I think so. We will find out when the time comes. Sorry that he has to go through this. Hopefully he will be able to find something fast so that he is prepared when the time comes. I agree that I don't think the government has given much thought to this entire process. Like I said before, I will be doing a lot more cooking at home!

[angela256z]

My sentiments exactly. That is the type of boss my son-in-law has -- at least I think so. We will find out when the time comes. Sorry that he has to go through this. Hopefully he will be able to find something fast so that he is prepared when the time comes. I agree that I don't think the government has given much thought to this entire process. Like I said before, I will be doing a lot more cooking at home!

I am totally about to hi-jack my own thread for a sec. I am cooking at home more. I just bought a George Forman Grill. I LOVE IT!!! I also got a crock pot, what an invention! My hubby loves it cause I only use to cook when it was important.

[Dorothea]

You guys, I haven't gotten to read an article about it yet, but did Bush sign something? Is this official??????


Angela, file the I129F!!!!! And do it now, while your hubby still has a paycheck to help pay the crazy fees!:)

[angela256z]

You guys, I haven't gotten to read an article about it yet, but did Bush sign something? Is this official??????


Angela, file the I129F!!!!! And do it now, while your hubby still has a paycheck to help pay the crazy fees!:)

I think we are going to do it, but I have to learn the process. I posted a thread under I-130 and so I will take about a week to learn about it and decide next week.

[Dorothea]

I-129F is way easier. I didn't do much of anything for ours, but I did tons of info gathering, etc for the I130. I think they will note that you have an I-130 in the system and use your evidence from that! Go for it!
Ok, no pressure! lol

[djones9714]

Angela: Can someone explain the benefits of the I-129f? I guess I am confused by this when we are getting ready to file the I-130. Is it for anyone and everyone?

[arcoiris]

I think I read that the new 2006 no matches will be the ones with the DHS letters outlining the steps an employer should take. At any rate, the "no matches" will be coming out in Feb. to employers with 10 or more "no matches" on their payrolls. Even then, they have 93 days to straighten it out or fire folks. That's looking at about April or May, more or less.
Hey, now that the screws have been put to the employers, they might very well have their Congressmen look into something a little more "comprehensive". I think we can all agree that no one is looking to deport 12 million people. Big corporations had very little to gain by signing onto immigration reform. First off, they have always had a labor pool at their disposal regardless of whether they were legal or not. No one was checking. Now, the threat of getting ICED is a real threat. Secondly, who in their right mind as an employer is going to step out there and say "Yeah, I've got a whole plant full of illegals and I love them, so vote for immigration reform." Not too likely. Who wants to invite ICE over for a nice afternoon chat about those comments? Who wants their competition filing racketeering charges against them? As long as they could have their cake and eat it too, what's the issue? Well, it looks like those days are over. Let's say plant owner calls his Congressman after the first round of "no match" firings. He's down to 13 employees and no serious prospects of getting his full workforce. Sure he's had interviews, at least 10 a day. Yeah, they came in, worked a day or two, then decided it wasn't for them. He's got a decision to make. He can't make payroll for more than 3 weeks like this. He'd really hate to shut down. His community would hate to loose his local taxes. He's been in business for over 30 years. A pillar of the community with charitable donations running up into the thousands. Heck, he's contributed a few thousand to Congressman's last campaign... I think you see where this is going. Whoever has the gold makes the rules.

[Dorothea]

djones, the I-129F gets processed a lot faster and you'll get your appointment far far sooner. In our case we filed the I-130 last February, filed the I-129F in May or June, had the I-129F approved by November and a CDJ appiontment for that in January (we had to postpone it til February), went to appointment in February and didn't even get the I-130 APPROVAL until AFTER that!!!
We'd have still been waiting until NEXT February if we hadn't filed the I-129F. In our case that extra time may have been a good thing, but for most people it would be better to get things moving faster!

[angela256z]

Angela: Can someone explain the benefits of the I-129f? I guess I am confused by this when we are getting ready to file the I-130. Is it for anyone and everyone?

This is what I know about it. If you are married you file the I-130...after you receive the NOA1 you can file the I-129F and you get your interview in CDJ (Or the country you are filing for) sooner, but you have to adjust your spouses status in the US after you return and it's $1010 to do that. So it's faster, but a lot more money. The I-129F is $455 to file right now too.

[Dorothea]

You just have to have the NOA1 for the I-130 to file the I-129F

[Dorothea]

Angela, if you've already filed the I-130 also you shouldn't have to adjust status in the US, because once your I-130 is approved it will be combined (not the right word, but I'm blanking right now) with the I-129F and your hubby willl come in as a spouse... does that make sense? I don't know the terminology. I'm not sure about the visa types, etc... Sorry

[angela256z]

Angela, if you've already filed the I-130 also you shouldn't have to adjust status in the US, because once your I-130 is approved it will be combined (not the right word, but I'm blanking right now) with the I-129F and your hubby willl come in as a spouse... does that make sense? I don't know the terminology. I'm not sure about the visa types, etc... Sorry
Its ok I know I don't know the whole process and that is why i want to get info first before I decide to do it. I have been told that I will need to Adjust status, but maybe not.

[djones9714]

And are there any restrictions on who can use the I-129f? He would follow the same route as the I-130, the I-601 waiver, and interview in Guatemala? The only difference is getting the interview in Guatemala faster? If he had the interview in Guatemala and they approved the 601 waiver, then what else is left to do? I guess I need to do research because I don't understand this process.

I'm trying to find out the differences, if any. I know you mentioned the interview would come faster and he would adjust status in the U.S. But I thought the bulk of the waiting time was waiting for the approval of the I-601 waiver?

[angela256z]

And are there any restrictions on who can use the I-129f? He would follow the same route as the I-130, the I-601 waiver, and interview in Guatemala? The only difference is getting the interview in Guatemala faster? If he had the interview in Guatemala and they approved the 601 waiver, then what else is left to do? I guess I need to do research because I don't understand this process.

I'm trying to find out the differences, if any. I know you mentioned the interview would come faster and he would adjust status in the U.S. But I thought the bulk of the waiting time was waiting for the approval of the I-601 waiver? Well waiting for your the interview at the consulate in Mexico is about 1 year after the I-130 approval. If I were to file the I-129F I could get an interview about 3 - 6 months after I-129F approval. I am not sure if waiting time is different for Guatamala

[djones9714]

I am doing a lot of reading on this. I know that approvals for I-601 in Guatemala is 6 months and it will take about 6 months to get an interview date. I am getting this information from the guy SEG 79 who just got his wife home. His timeline is:

I-130 approved March 2006
First Interview date - October 2006 (However, he missed the first date)
Interview February 27, 2007
Waiver approved: July 27, 2007 (5 months).

If we go I-129f, then that might mean he will get the interview in Guatemala sooner than 6 months?

However, I have noted on the website that the processing time for I-129f is January 13, 2007 and the time for I-130 is December 17, 2006. Only a month apart. Is it really worth it? Do you think the I-129f would be approved way before the I-130?

Is either one a safer route? I looked at the forms. The forms are basically the same thing, right?

[angela256z]

I am doing a lot of reading on this. I know that approvals for I-601 in Guatemala is 6 months and it will take about 6 months to get an interview date. I am getting this information from the guy SEG 79 who just got his wife home. His timeline is:

I-130 approved March 2006
First Interview date - October 2006 (However, he missed the first date)
Interview February 27, 2007
Waiver approved: July 27, 2007 (5 months).

If we go I-129f, then that might mean he will get the interview in Guatemala sooner than 6 months?

However, I have noted on the website that the processing time for I-129f is January 13, 2007 and the time for I-130 is December 17, 2006. Only a month apart. Is it really worth it? Do you think the I-129f would be approved way before the I-130?

Is either one a safer route? I looked at the forms. The forms are basically the same thing, right?

Remember that timelines can change so the wait may be longer now. With the increase in applications sent in July may incrase waitimes too. For me the wait in Mexico is one year for an interview and an I-129F could shave off about 6 months of that. If guatamala is only a 6 months wait then it might not be worth it, but you may want to post this until I-601 section and see if someone knows the answer better than me.

[djones9714]

Thanks and I am going to bed to think about this one. Talk to you later and thanks.

[angela256z]

Thanks and I am going to bed to think about this one. Talk to you later and thanks.

Anytime

[egonzalez1975]

If they pass this then it is just going to increase the amount of stolen identities and then they have a whole new problem to deal with. It could take years for people to realize that their identity has been stolen.

We'll see what happens. I agree that this will probably push some kind of CIR to the forefront again so that Bush can have something to be remembered by that may be in the slightest positive for his term as president.

The system is a disaster!!!!

[arcoiris]

I don't think it's that the politicians don't want to pass CIR, it's that they have to have a good reason to do so. I bet right after the new regs go into effect, we'll suddenly learn that..guess what... the border is secure! The triggers have been met! The fence is being built! Border apprehensions are down! Now, we'll talk about CIR. That's just the way the world works.

[nsoto]

I just wanted to post this.

Department of homeland security


DHS To Finalize Regulations On SSA No-Match Letters



The Department of Homeland Security (DHS) has announced that it has finalized its rule entitled "Safe Harbor Procedures for Employers Who Receive a No-Match Letter."

What we know

The rule is expected to be published in the Federal Register on Monday August 13, 2007, and will become effective thirty days after the publication. The rule sets forth the steps employers should take if they want to avail themselves of the "safe harbor procedures" upon receipt of a no-match letter from the Social Security Administration (SSA) or DHS.

SSA will begin sending this year's no-match letters to approximately 140,000 employers this fall. These letters will correspond to approximately 8 million workers. Although we haven't seen the final letter from SSA, we are informed that it will still contain the strong language warning employers against taking any adverse action against workers. It will also reference the DHS insert, which SSA will send along with the no-match letter. DHS has a Fact Sheet, posted on its website.

Summary of the Rule

In a stark departure from current law, DHS is converting the no-match letter into an immigration enforcement tool by allowing the Immigration and Customs Enforcement (ICE) agency to use receipt of the no-match letter as evidence that the employer has "constructive knowledge" that an employee is unauthorized to work. Employers who follow the steps outlined in the rule would have a "safe harbor" even if the worker is later found to being undocumented. However, DHS makes it clear that "if, in the totality of the circumstances, other independent evidence exists to prove that an employer has constructive knowledge, the employer may still face liability." Also, the "safe harbor" does not apply to a situation where DHS believes the employer had "actual" knowledge it was hiring undocumented workers.

The information disseminated today by DHS follows the proposed rule published last June 14, 2006 with some notable changes, including an increase in the number of days employers and employees have to correct the no-match.. The final rule sets forth the "reasonable steps an employer should take when this occurs." These are:

Within 30 days of receipt of the no-match letter:

An employer should promptly check its records to ensure that the discrepancy or "no-match" is not a result from a typographical or clerical error.
If there is an error, the employer should correct the information with the appropriate agency and should verify the corrected data with the relevant agency (SSA or DHS).
If the discrepancy cannot be resolved, the employer should "promptly" request the employee to confirm the name and social security account number in the employer's records.
If the worker corrects the information, the employer must take the proper steps to notify the appropriate agency and to verify the corrected data with the relevant agency (SSA or DHS).
If the worker states the information is correct, the reasonable employer would advise the employee to visit the relevant agency to correct the information.
DHS considers that a no-match has been resolved only when the employer verifies with DHS or SSA that the information corresponds with the proper agency's records. For example, if a worker provides a new Social Security number (SSN), the employer would have to verify with SSA that it is a valid SSN.
Within 90 days of receipt of the no-match letter:

If the discrepancy is not resolved within 90 days of receipt of the no-match letter, the employer should re-verify the individual's work authorization by completing a new I-9 Form for the employee without using the documents that were the subject of the "no-match" letter. The employer has 3 additional days (or within 93 days of receipt of the no-match letter) to complete the new I-9.
An employee cannot use a document containing the SSN or alien number that is the subject of the no-match letter to establish work authorization or identity or both. Additionally, all documents used to prove identity or both identity and employment authorization must contain a photograph.
If the employee is unable to resolve the no-match, the employer may choose to terminate the employee or run the risk that DHS will find that the employer had constructive knowledge of employing an unauthorized worker in the U.S.
DHS has clarified that if the employer does not obtain actual or constructive knowledge during the "safe harbor" procedure, the employer may continue to employ the individual until all of the steps are completed. It continues to say that there is nothing prohibiting an employer from terminating the employee beforehand based on its own internal personnel policies. This seems to be in contradiction of the SSA's warnings against adverse employment actions.

If an employer follows the "safe harbor" procedures in good faith, the employer can be "assured" that it will not be subject to employer sanctions. DHS maintains, however, that the receipt of a "no-match" letter does not, in and of itself, indicate that a worker is unauthorized, but states that an employer's failure to follow the "reasonable steps" outlined above could subject the employer to possible penalties.

DHS reminds employers that these procedures are to be applied uniformly to all of their employees having unresolved no-matches.

The Implementation of the DHS No-Match Rule Will Impact Many Workers

The 2007 SSA no-match letters will be sent out in the coming weeks. Advocates should be prepared for many more workers to be fired from their jobs based on the employer's receipt of a no-match letter in over the next months and year. This will include documented workers who end up with a discrepancy because of the inaccuracies in the government's database, and undocumented workers who may not be able to correct their records. Unfortunately, the timing is such that many of these firings will take place right before the December holidays. It will be important for advocates and communities to be prepared.

Important Information for Advocates About the No-Match Rule

It is important for worker advocates to know that while the DHS regulation suggests that employers take certain steps upon receipt of a no-match letter - or risk a finding that the employer had constructive knowledge that a worker was unauthorized to work - it does not mandate that SSA share information with DHS. While SSA will continue to send out no-match letters to employers, SSA will not provide DHS with the names of employers that the SSA sent no-match letters to and the no-match letters alone will not trigger immigration worksite enforcement actions. However, if DHS is conducting an I-9 audit, it could use the fact the employer received no-match letters to try to prove the employer had actual or constructive knowledge that it was hiring undocumented workers.

DHS also clarified that the final rule applies only to written notice that is issued directly to the employer from the SSA or DHS. It does not apply to information employers receive through sources other than no-match letters. This includes a discrepancy the employer may learn about in using the Social Security Number Verification Service (SSNVS), for example, which is a voluntary program employers can use to verify SSNs.

What You Can Do Right Now:

It is important that advocates:

Educate workers about the final DHS rule on no-match letters.
Explain the different types of errors that can commonly result in a discrepancy.
Educate workers about their labor and civil rights such as the right to be free from discrimination, their right to be free of retaliation for exercising their rights as workers, their right to remain silent, etc.
Remind workers to request a copy of the no-match letter in the event that their employer advises them of a discrepancy with his or her SSN to ensure that the employer is indeed responding to a notice from SSA or DHS.
Be prepared for employer abuse and misuse of the DHS rule and the SSA no-match letters. It will be very important for workers to document who the employer has notified of a discrepancy: how many days each person is getting to correct the information? Are certain workers being singled out based on race, national origin, language skills, or for exercising their labor rights?
If represented by a union - the worker should notify their Union representative immediately as they may have additional rights under their union contract.
If the workers are not part of a union, get the local workers' center or other immigrant rights organization in the area involved.
Find out if there is anything else going on at the worksite - i.e. organizing campaign, litigation, etc? to see if the employer is retaliating against workers.
Conduct a thorough investigation of the working conditions and consider filing legal claims for those employment/labor violations.

[nsoto]

Question...

Are they going to request information on previous employers? I mean if my husband hasn't worked since last July 2006, his former employer, will they get this letter? I'm just concerned as will there be anything done to those who have worked illegally in the past? I mean will the immigrants be prosecuted for this?

[dduran]

I'm sorry this is happening thoughout US I' hoping someone will find this unconstitutional & but a stop to this. I do understand that the illegals broke the law the way they entered US, what I don't understand is why they make it practically impossible with the high cost to legalize themselfs. I would suggest your husband work until they start asking for SS #. Good luck in filling I 129F.

[arcoiris]

I think I read somewhere that a lawsuit is already in the works. I'll look for that article when I have a minute.

[angela256z]

Question...

Are they going to request information on previous employers? I mean if my husband hasn't worked since last July 2006, his former employer, will they get this letter? I'm just concerned as will there be anything done to those who have worked illegally in the past? I mean will the immigrants be prosecuted for this?

This is just for current;y employed workers and the most that is done to the worker is that they are fired. I guess that is a blessing over being deported, but it still hurts those who depend on that money from their spouse's work.

[agarrard]

This is kinda off the subject but has to do with an undocumented workers' rights. My husband was using his cousin's name and ss#. He was fired a few months ago from a company here that employs more than half of our undocumented population. He wasn't given a reason. The supervisor on the day shift was told by the manager to tell him he couldn't come back to work. He normally worked the night shift but was working day shift that day to make up some hours. We called the secretary the next day and she said she had no idea. We called his night supervisor and he was flipping out because he had no idea that they had fired him (he was off sick for a few days when it happened). We believe he was fired because he asked one of the managers that day for a raise since he was interpreting for everyone on the night shift. The manager acted like he was offended. My husband wanted to hire a lawyer but I was and still am terrified and I'm not aware that he has any rights being that he was working under a name and ss# that wasn't his. Does anyone know their rights?

[amlopez]

Are there any jobs where your husband could work for cash? My husband worked roofing when he was here and he made pretty good money. Might be something to check into until your immigration process is over.

[jxsma]

How do ITIN #'s play into all of this? Aren't some people able to use them in lieu of a SSN? My husband has one but his employer is still using his old fake SSN on his paycheck because the company he uses for payroll won't use an ITIN. But I thought some people used them? What will happen to them?

[agarrard]

What is an ITIN?
An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. It is a nine-digit number that always begins with the number 9 and has a 7 or 8 in the fourth digit, example 9XX-7X-XXXX.
IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).
ITINs are issued regardless of immigration status because both resident and nonresident aliens may have U.S. tax return and payment responsibilities under the Internal Revenue Code.
Individuals must have a filing requirement and file a valid federal income tax return to receive an ITIN, unless they meet an exception.

What is an ITIN used for?
ITINs are for federal tax reporting only, and are not intended to serve any other purpose. An ITIN does not authorize work in the U.S. or provide eligibility for Social Security benefits or the Earned Income Tax Credit. ITINs are not valid identification outside the tax system.
IRS issues ITINs to help individuals comply with the U.S. tax laws, and to provide a means to efficiently process and account for tax returns and payments for those not eligible for Social Security Numbers.

Who needs an ITIN?
IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for an SSN, who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, needs an ITIN.
Examples of individuals who need ITINs include:

Non-resident alien filing a U.S. tax return and not eligible for an SSN
U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for an SSN
Dependent or spouse of a U.S. citizen/resident alien
Dependent or spouse of a non-resident alien visa holder

[Laura]

How do ITIN #'s play into all of this? Aren't some people able to use them in lieu of a SSN? My husband has one but his employer is still using his old fake SSN on his paycheck because the company he uses for payroll won't use an ITIN. But I thought some people used them? What will happen to them?

An ITIN will not be recognized as a SS# for employment purposes - it is only recognized by the IRS. A person using a valid ITIN on I-9 forms, etc, is still going to get a mismatch letter...