Case Study - SSN No-Match Triggers Internal I-9 Audit
A CFO of a medium sized manufacturing company received a SSN No-Match letter stating that several the social security numbers of several employees do not matching in SSA’s records. The CFO met with the HR Director to resolve the issue, and the HR Director, who had previously attended Corporate Immigration Compliance Institute training, correctly determined that these “No-Match” letters put the employer on notice of a possible IRCA violation and need to be addressed from a compliance point of view.
The business wanted to address the No-Match and move on with issuing W-2s for the company and closing out end-of-year business and ensure no risk exposure for possible IRCA violations.
Strategy + Solution
The HR Director reached to Mdivani to see if this was something we could help with since the SSNs that were not matching were listed on the I-9s for the workers. Our lawyers agreed with the HR Director that these No-Match letters were putting the company on notice of potential identity and employment authorization discrepancies regarding flagged employees and a potential exposure to an Immigration Reform and Control Act risk.
The Mdivani attorneys recommended implementing ICE Best Practices as a compliance defense, including conducting an investigation and an internal I-9 audit to review all I-9s, to identify patterns and practices which may have lead the company to exposure/potential violations of IRCA. This plan created a non-discriminatory way for the company to address all potential corporate immigration compliance issues, including the No-Match letters. It also complies with ICE Best Practices, which contains the U.S. government guidance on business immigration compliance.
Mdivani lawyers conducted a comprehensive I-9 audit, including issuing audit sheets for all I-9s, reviewed current policies and procedures regarding I-9 generation and retention, assisted with established INCE Best-Practices corporate immigration compliance plan, policies and procedures, conducted training for all I-9 Administrators, among other compliance measures. We advised the company on how to respond to the No-Match letter and documented the company’s response to potential IRCA violations.
Planning Ahead, Short Term + Long Term
Together with the company’s HR and legal, Mdivani lawyers helped the employer to address the SSN issue at hand and strengthen its corporate immigration compliance to avoid lapses in IRCA compliance for the future.
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