OIG Releases Audit Report on H-1B Workers’ Use of Social Security Numbers

The Office of The Inspector General has released an audit report on H-1B Workers’ use of Social Security Numbers

Here is the full link:  OIG REPORT

The Social Security Administration (SSA) assigns Social Security Numbers (SSNs) to all nonimmigrants, including H-1B workers, who enter the United States with work authorization.  An H-1B worker is only authorized to work for the sponsoring employer.  The USCIS Neufeld memo from January 2010 requires that petitioners have a valid employer-employee relationship with the beneficiary throughout the petition validity period.   

The Office of the Inspector General (OIG) in this audit identified a population of 38,546 nonimmigrants to whom SSA had assigned original SSNs based on evidence they were H-1B workers from January 1 through December 31, 2007.  From this population, OIG randomly selected a sample of 200 records to assess H-1B workers’ use of SSNs.  OIG, out of the Sample of 200, identified 23 instances in which H-1B workers had posted wages from unapproved employers during the audit period. Based on these findings, OIG estimates about 4,433 (11 percent) of the 38,546 H-1B workers to whom SSA had assigned an SSN in 2007 had posted wages from unapproved employers.  DHS had no record that the new employers had filed petitions on behalf of these H-1B workers. As such, some of these H-1B workers may have violated their H-1B status. Although most H-1B workers had posted wages from employers that appeared to be in fields associated with technical or specialty occupations, OIG identified one H-1B worker who had earnings from a restaurant and janitorial service.

OIG also identified 14 instances in which H-1 B workers had no posted wages from 2007 through 2009.  Based on these findings, OIG estimates about 2,698 (7 percent) of the 38,546 H-1B workers to whom SSA assigned an SSN in 2007 had no posted wages from 2007 through 2009.

The audit reaches the following conclusions:  “…unauthorized work by nonimmigrants impacts the Agency by weakening SSN integrity. We [OIG] recognize there is no easy way to fix this problem. However, we believe SSA has an opportunity to help address unauthorized work by nonimmigrants. Accordingly, we recommend that SSA contact DHS to offer to establish a data match agreement to assist DHS’ efforts to identify and reduce the number of H-1B workers who may use their SSNs for purposes other than to work for their approved employer.“