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James G. Aldrich is an attorney with Dykema Gossett PLLC. He is a frequent writer/publisher and presenter on immigration topics and the editor of the Immigration Law Book published in 2006 by the Illinois Institute of Continuing Legal Education. His practice focuses on the corporate aspects of U.S. immigration law including the transfer of foreign workers to the United States and counseling employers on immigration-related issues.
Navigating how to legally onboard workers without social security numbers is a growing issue as roofing contractors try to address the industry-wide workforce shortage.
Federal authorities have begun using forfeiture
laws and seizing the assets of businesses employing illegal aliens. In a
departure from the Bush-administration emphasis on worksite raids, U.S.
Immigration and Customs Enforcement (ICE) announced on July 7, 2009, it had
recently issued Notices of Inspection (NOIs) to 652 businesses
nationwide.
Many employers of newly hired young and/or foreign workers are faced with the dilemma of paying them before the workers are able to obtain a Social Security number (SSN). Despite the widespread misunderstanding that it is illegal for an employer to pay an employee who does not have an SSN, there is nothing in the law prohibiting it.
An employer’s response after receiving a no-match letter can make the difference between no penalty and significant legal liability. Fortunately, there is some guidance for employers.
