ON-LINE VERIFICATION OF SOCIAL SECURITY NUMBERS NOW AVAILABLE

With immigration issues and renewed calls for employer sanctions making the news lately, employers can find some solace in the Social Security Administration’s on-line service for verifying social security numbers (SSNs). The service, called the Social Security Number Verification System (SSNVS), is free and employers may register for and access the service at www.socialsecurity.gov/bso/bsowelcome.htm. It has been operating since June 2005.

The purpose of SSNVS, however, is strictly limited to verifying SSNs of current employees for use in issuing correct W-2 forms. The SSNVS may used be only after you have offered a person a job and may not be used for applicants. Use of the system is monitored, and misuse can be sanctioned.

The Social Security Administration also cautions against using the SSNVS to take punitive action against an employee whose name and SSN do not match, noting that a “reported mismatch does not imply that you or the employee intentionally provided incorrect information.” The Administration explains, “A mismatch does not make any statement about an employee's immigration status and is not a basis, in and of itself, for taking any adverse action against an employee.”

The Administration is developing a separate fee-based service that should be available summer 2006 that could be used for verifying applicants’ SSNs, called the Consent Based Social Security Number Verification (CBSV). Detailed information about CBSV is available on the Administration’s website.

Our recommendation:

Use the SSNVS only for current employees. You can, however, inform prospective applicants that you will be checking their SSNs after hire, possibly dissuading those with false SSNs from applying.

You should handle a mismatch discovered through the SSNVS in the same manner you handle a mismatch you learn about by other means:

• Make sure you or your employee did not make a typographical error.

• Ask to see the employee's Social Security card to ensure you have the correct information.

• If you cannot resolve the error, then ask your employee to contact the local Social Security office.

• Develop and follow a consistent company policy on using the SSNVS and treat all employees the same regardless of national origin, citizenship or immigration status.

If you have any questions, please contact us.
 

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Disclaimer: The materials contained in this advisory are for informational purposes only. Nothing in this advisory should be construed as legal advice or opinion. It is important that you consult an experienced attorney concerning your particular factual situation. Do not rely solely on this information.