John Stahl

On April 6, 2011, the Social Security Administration (SSA) Commissioner issued a directive to resume sending letters to employers and employees when there is a mismatch between an employee’s name and their Social Security number. As before, the new mismatch letter cautions employers that it is not a basis in of itself for an employer to take any adverse action (laying off, suspending, firing, etc.) and makes no statement about an employee’s immigration status. A FAQ on the SSA website provides further information.

The U.S. Department of Justice Office of Special Counsel for Immigration-related Unfair Employment Practices (OSC) has also published on its website revised guidance regarding how employers can respond to notices indicating that an employee’s name and Social Security number (SSN) do not match information on record. These notices include Social Security Administration (SSA) “no-match” letters, usually issued in response to an employee wage report, which advise that the name or SSN reported by the employer for one or more employees does not “match” a name or SSN combination reflected in SSA’s records. In addition, other organizations, including other government agencies, commercial businesses, and third party entities, issue notices or provide alerts similar to SSA no-match letters. SSA sends three types of no-match letters: (1) a letter sent directly to a worker at his or her home; (2) one sent to an employer about an individual employee when SSA does not have the employee’s correct home address; and (3) one sent to an employer about multiple employees when at least ten employees during the year, or one-half of one percent of the employer’s workforce, have mismatched records. This final type of letter was last issued by the SSA in October 2007.

Reports or alerts from other sources, such as commercial businesses that conduct employee background checks, third party identity theft inquiries, and health care providers, should be treated cautiously, because the organizations may not have access to current information contained in SSA’s databases. In responding to a no-match letter from a source other than SSA, an employer should, at a minimum, follow the same policies, procedures, and timelines as it does for SSA no-match letters.

OSC’s guidance is part of a packet of information developed with input from SSA, U.S. Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS). The packet includes no-match information for employees, no-match information for employers, and “Frequently Asked Questions.” The guidance emphasizes that, on its own, the receipt of an SSA no-match letter is not a sufficient basis to terminate, suspend or take any other adverse action against an employee. Instead, upon receipt of a no-match letter, employers should periodically meet with employees and work to resolve the no-match, allowing a reasonable period of time for such resolution.

The guidance packet is available here. For more information regarding the receipt of a no-match letter, contact OSC at 1-800-255-8155 or visit our website athttp://www.justice.gov/crt/about/osc.

The Department of State, Office of Visa Services, advises the public of a notable increase in fraudulent emails and letters sent to Diversity Immigrant Visa (DV) program (Visa Lottery) applicants. The scammers behind these fraudulent emails and letters are posing as the U.S. government in an attempt to extract payment from DV applicants. All applicants should be familiar with information about DV scams provided by the Federal Trade Commission. Applicants are encouraged to review the rules and procedures for the DV program so that you know what to expect, when to expect it, and from whom.

Finally, remember that all DV-2012 applicants will not receive a notification letter from the U.S. government but must check their status online. DV Entry Status Check  will only be provided through the Department of State secure online site, http://www.dvlottery.state.gov.

See the official U.S. State Department website for more information

http://travel.state.gov/visa/immigrants/types/types_1749.html

Selective Service does not collect any information which would indicate whether or not you are undocumented. You want to protect yourself for future U.S. citizenship and other government benefits and programs by registering with Selective Service. Do it today.

If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service. It’s the law. According to law, a man must register with Selective Service within 30 days of his 18th birthday. Selective Service will accept late registrations but not after a man has reached age 26. You may be denied benefits or a job if you have not registered. You can register at any U.S. Post Office and do not need a social security number.When you do obtain a social security number, let Selective Service know. Provide a copy of your new social security number card; being sure to include your complete name, date of birth, Selective Service registration number, and current mailing address; and mail to the Selective Service System, P.O. Box 94636, Palatine, IL 60094-4636.

If you have a social security number, you can register online (click here). It’s quick and easy.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011.  USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.

The final receipt date is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000.  Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011.

USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Jan. 26, 2011. USCIS will use this process to select petitions needed to meet the cap.  USCIS will reject all remaining cap-subject petitions not randomly selected and will return the accompanying fee.

On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.  Pursuant to the Immigration and Nationality Act, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally-mandated FY2011 H-1B cap.  Accordingly, USCIS will continue to accept and process petitions filed to:

• extend the amount of time a current H-1B worker may remain in the U.S.;
• change the terms of employment for current H-1B workers;
• allow current H-1B workers to change employers; and
• allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as scientists, engineers, or computer programmers.

For more information on USCIS and its programs, visit www.uscis.gov.