Social Security Administration Issues Report on H-1B Fraud

By: The Chander Law Firm

The Social Security Administration (SSA) Office of Inspector General (OIG) issued a report assessing H-1B worker use of Social Security numbers (SSN).

The report found that in 2007, approximately 18 percent of the H-1B worker sample pool may have used  their SSNs for purposes other than working for their approved H-1B employers.

The report states the improper use of SSNs by H-1B holder reduces the integrity of the SSN system because it may result in the payment of benefits to individuals who misuse the system. The report also claims the misuse results in a threat to national security because workers may obtain employment in sensitive areas.

The report recommends a data match between DHS and SSA to identify workers who may improperly use their SSNs.

While the recommended actions suggested by the report are necessary to ensure H-1B workers are not violating U.S. immigration law, SSAs justifications for scrutinizing the system are specious. Misuse of the system does not result in any fewer contributions by workers into the Social Security trust. Neither does it result in any higher risk to national security than there otherwise exists.



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