Report Tracks Prevalence of Unauthorized Work by H-1B Visa Holders

Posted on September 27, 2011 by Immigration/Global Migration Group

Under the H-1B visa program, an employer may employ foreign workers in occupations requiring theoretical or technical expertise in a specialized field. An H-1B visa holder is issued a Social Security number (SSN) but is only authorized to work for his or her sponsoring employer.

In response to a recent Department of Homeland Security (DHS) study and criminal investigations launched by the Department of Justice (DOJ) concerning visa fraud, the Social Security Administration’s Office of the Inspector General (OIG) set out to assess whether H-1B workers were properly using their SSNs. In its September 2011 Audit Report, H-1B Workers' Use of Social Security Numbers, the OIG estimated that 18% of H-1B workers assigned a SSN in 2007 may have used their SSN to work for a non-approved employer: specifically, 11% posted wages from an employer other than their approved employer, and 7% posted no wages from fiscal years 2007 to 2009.

Based on its findings, the OIG recommended that the Social Security Administration work more closely with DHS and establish a data match agreement to help DHS identify and reduce improper SSN usage by H-1B visa holders.

Photo credit: Aggressive Entertainment

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Social Security Numbers Now Being Assigned Randomly

Posted on September 8, 2011 by Immigration/Global Migration Group

The Social Security Administration (SSA) has started using a new process for assigning Social Security Numbers (SSNs): randomization. This change is designed to extend the longevity of the nine-digit SSN and enhance identity protection.

Previously, the first three SSN digits (area number) were assigned by state (e.g., 545-573 California; 449-467 Texas; 050-134 New York). However, the state-driven area number assignment had limitations and, with only approximately 420 million available SSNs, the SSA amended the process to extend the longevity of nine-digit SSNs.

According to the SSA, randomization “will help protect an individual’s SSN by making it more difficult to reconstruct an SSN using public information.” Moreover, the SSA stated that it will continue its practice of not assigning 00 or 0000 for the group number (digits 4-5) or serial number (digits 6-9). SSA also has issued updated guidance on how to identify invalid or impossible SSNs.

The new process began on June 25, 2011, nearly four years after the SSA announced its intention to randomize SSNs. In addition to removing state-based area numbers, randomization will affect the assignment process as follows:

  • Eliminate the significance of the highest group number. As a result, the High Group List will be frozen in time and can be used for validation of SSNs issued prior to the randomization implementation date.
  • Assign area numbers that previously were not used, with the exception of 000, 666 and 900-999.
     
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SSA Resumes Sending "No-Match" Letters to Employers

Posted on April 14, 2011 by Immigration/Global Migration Group

The Social Security Administration (SSA) has announced that after a four year halt, it will resume sending Social Security “no-match” letters to employers. (SSA has continued to send letters to employees’ home addresses if the name and/or social security number on an employer’s W-2 form does not match the information on SSA’s database.) This new round of no-match letters, formally referred to as “Decentralized Correspondence” (DECOR), informs employers that the information on an employee’s 2010 W-2 wage and tax statement does not match the name and/or Social Security number on file with the SSA, or lacks a SSN entirely. To learn more about this development and its implications for employers, please continue reading at Littler's Washington D.C. Employment Law Update.

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E-Verify Self Check Program to Launch on March 18, Allowing Individuals to Independently Verify Their Work Authorization Status

Posted on February 17, 2011 by Immigration/Global Migration Group

The Department of Homeland Security (DHS) has announced that, on March 18, 2011, it will launch the E-Verify Self Check Program, a secure web portal that allows an individual to verify his or her work authorization status. Previously, only employers could conduct E-Verify checks, and, in the event of a possible mismatch, the prospective employee needed to resolve the matter, thereby delaying his or her possible hire and/or start date. The Self Check Program will allow individuals to correct any identity information errors that the E-Verify system might contain, thereby “provid[ing] a vehicle for an individual to proactively check work authorization status prior to the employer conducting the E-Verify inquiry.”

The Self Check program is a two-stage process: Stage 1 requires users to verify their identities; Stage 2 examines whether the individual is legally authorized to work in the United States.
 

Stage 1: Identity Authentication

Self Check participants must first verify their identity, which is accomplished by answering between two and four “knowledge-based questions” built on information collected by third party Identity Proofing (IdP) services. The information, collected from financial institutions, public records, and other service providers, will include, e.g., the individual’s commercial transaction history, mortgage payments, or past addresses.

In the event insufficient identity verification sources exist, users cannot proceed to Stage 2. U.S. Citizenship and Immigration Services (USCIS) will receive notice that insufficient information exists, but no other information. Moreover, the agency will compile statistics on users’ inability to complete verification based on insufficient identity data.

If sufficient information exists but a user provides incorrect responses, he or she will “fail” and not advance to Stage 2. Again, USCIS will be alerted, but will not receive specific information relating to the failure, e.g., chosen responses. The information received will be used to generate statistics on failed attempts. Moreover, in the event of multiple attempts to authenticate an individual, the DHS contract authorizes the IdP to notify the information provider of potential fraud and to terminate access to E-Verify Self Check.

However, if sufficient information exists and the user provides correct responses, the user will “pass” and progress to Stage 2.

Stage 2: Confirmation of Work Authorization Status

In Stage 2, the user will be required to enter additional information based on documentation he or she would present to an employer during the Form I–9 process, which could include: citizenship status; Alien Number (if non-citizen); passport number; Form I– 94 number; and/or lawful permanent resident card or work authorization document (EAD) number. If the information provided matches information contained in federal databases (Social Security Administration, DHS, Department of State), ‘‘work authorization confirmed’’ will be displayed. However, if the information does not match, the screen will display “Possible mismatch with SSA/Immigration Information” and provide the user information on how to request correction of potential errors in database records.

Resolving Mismatches

If a mismatch occurs and the individual opts not to resolve it, E-Verify will close the case. However, if the user wants to resolve a Social Security mismatch, a form will be generated and detailed instructions provided on how to resolve the mismatch. For an immigration information mismatch, the program provides instructions on contacting E-Verify customer service to resolve the matter; contact must be made within 72 hours of the initial query. If the representative is unable to correct the record, the individual will be advised of further actions necessary to correct the error.

Establishing Work Authorization Without Identity Confirmation

If an individual is unable to authenticate through the IdP but wants to determine work authorization status prior to hire, USCIS will provide information on how to visit a Social Security Administration field office, access Social Security yearly statements, call USCIS, or submit a Freedom of Information Act/ Privacy Act request to access work authorization records. The individual will also be advised to check the information at the various credit bureaus and through a free credit check website.
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Draft Immigration Proposal Calls for Biometric Employment Verification, Increased Penalties Against Labor Law Violators

Posted on May 3, 2010 by Governmental Affairs Team

A 26-page outline of a new proposed immigration overhaul bill would require all employers to use a newly-created Biometric Enrollment, Locally-stored Information, and Electronic Verification of Employment (BELIEVE) System as a means of verifying employee work authorization. Within 18 months of the proposed bill’s enactment, the Social Security Administration would be required to issue biometric social security cards, which within five years would serve as the only acceptable document employers could use for employment verification purposes. The proposal also calls for a 300 percent increase in monetary fines against employers that knowingly hire illegal workers, and enhanced civil and criminal penalties against employers that engage in egregious labor violations involving unauthorized workers. To learn more about the proposal and the potential implications for employers, please continue reading at Littler's D.C. Employment Law Update blog.

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Audit Reveals E-Verify Errors by the SSA Regarding Its Own New Hires

Posted on January 21, 2010 by Immigration/Global Migration Group

As reported by The Washington Times, the Social Security Administration (SSA) failed to run electronic employment verification (E-Verify) checks on 19% of the employees it hired in 2008 and 2009. The SSA, along with U.S. Citizenship and Immigration Services, administers the E-Verify program.

The errors came to light during an audit by SSA’s investigator general which revealed that, of the new hires for whom E-Verify was not run, 44 individuals should have been flagged as tentative non-confirmations. The audit also found that 50% of the checks being audited were untimely. E-Verify’s terms of use require that a check be run within three days of an employee’s hiring. 1,874 of the checks were run too early, and 1,784 of the checks were run too late.
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GAO Says Social Security Administration IT System Needs Upgrading

Posted on October 23, 2009 by Immigration/Global Migration Group

As reported by Nextgov.com, a Government Accountability Office (GAO) report suggests that the Social Security Administration (SSA) will need to upgrade its information technology systems to handle future electronic information exchanges. Currently the system operates more than 800 data exchanges that allow SSA to send and receive electronic information to and from state and local partners. The data exchanges are used for processing and distributing Social Security payments and validating identities of driver’s license applicants.

SSA officials anticipate increased demands on the data exchanges, particularly from E-Verify, the federal electronic employee verification system that uses Social Security numbers to verify the employment eligibility of newly hired workers. To handle the increase, SSA will modernize its IT infrastructure and develop a more cost-effective and efficient computing environment. It will convert outdated software applications and expand the agency's physical processing capacity.

Although GAO found that the system, to date, had performed adequately, it warned that SSA had not implemented the necessary IT management practices to effectively oversee the changes in the data exchanges. The GAO also found that SSA had not sufficiently projected future demands nor had it developed a tactical plan for delivering electronic services.

 
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Senate Approves Amendments to Make E-Verify, EB-5 Visa Programs Permanent

Posted on July 9, 2009 by Governmental Affairs Team

Yesterday, the Senate approved by voice vote an amendment (S. AMDT. 1371) to the Department of Homeland Security (DHS) appropriations bill (H.R. 2892) that would make the E-Verify program permanent. Currently a voluntary initiative, E-Verify is an Internet based system operated by DHS in partnership with the Social Security Administration (SSA) that allows employers to electronically verify the employment eligibility of potential and current employees. The amendment – introduced by Sen. Jeff Sessions (R-Ala.) – requires that all government contractors who do work for the federal government use E-Verify to screen their potential hires. Following introduction of the amendment, Sen. Charles Schumer (D-NY) criticized the E-Verify program, saying that it is a flawed system that “creates havoc for both employers and employees.” Continue reading about this development on Littler's Washington D.C. Employment Law Update blog.

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A Basic Guide to E-Verify and Related Immigration Compliance: Everything Federal Contractors and Others Need to Know to Comply with E-Verify Requirements

Posted on April 18, 2009 by Immigration/Global Migration Group

E-Verify is an Internet-based system operated by the Department of Homeland Security's U.S. Citizenship and Immigration Services (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to verify electronically the identity and employment eligibility of their newly hired employees, regardless of citizenship. Specifically, the SSA will verify that the name, Social Security number, and date of birth are correct, and the DHS will verify that the employee is in an employment-authorized immigration status.  Continue reading the April 2009 Littler "Insight" publication "A Basic Guide to E-Verify and Related Immigration Compliance: Everything Federal Contractors and Others Need to Know to Comply with E-Verify Requirements," written by Jorge R. Lopez, Joshua S. Roffman, Aimee Clark Todd, Shin-I Lowe and Lisa A. Cottle.
 

 

 

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