Sindell Law Offices E-Min Newsletter (Vol. 9) - English Article #36

    The Social Security Administration used to issue social security numbers for some "valid nonwork purposes", such as obtaining a driver's license. Now, the regulations state that a SS # will be issued when a Federal statute or regulation requires an alien to have an SSN in order to receive a federally-funded benefit to which the alien has otherwise established entitlement, or when a State or local law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits to which the alien has otherwise established entitlement. 

A child under age seven did not have to provide any evidence of identity and any child under the age of 18 was not required to have an in-person interview.  However, the new rules eliminate the waiver of evidence of identity for children under age 7 who are applying for an original SSN card.

In addition, an in-person interview will be required of all individuals age 12 or older who are applying for an original SSN. 

When a Non-citizen wishes to apply for a Social Security as part of the immigrant visa application, the person fills out Form DS-230, the Application for Immigrant Visa and Alien Registration, for an interview at the Consulate. On the form, questions 33a and 33b must be answered yes Once the applicant arrives in the U.S., a Social Security card should arrive at their mailing address in about three weeks. If the applicant changes their mailing address after arriving but prior to receiving their card, they must call the Social Security Administration.

If the applicant did not request a Social Security number as part of the visa application or the applicant did but was under age 18, he or she must apply for a card at a Social Security office. When the applicant has a permanent address, he or she can go to the nearest SSA office. The applicant can go to the SSA website to find an office at www.socialsecurity.gov or can call Social Security’s toll-free number, 1-800-772-1213, Monday through Friday between 7 a.m. and 7 p.m. (Eastern time).

When an applicant visits the Social Security office to apply for a Social Security card, he or she should take the following original documents for each family member applying for a number:

1.     The passport or travel document

2.     Permanent Resident Card (Form I-551), if he or she has received it

3.     Birth record

4.     I-94, Arrival/Departure Record

If the Department of Homeland Security (DHS) has granted the person permission to work, the person may need to apply for a replacement card without the annotation "Not Valid for Employment" if that person has a card with this annotation. The new card will have the same number.

To apply for a replacement card, he or she needs to complete Form SS-5, which is available for download at http://www.socialsecurity.gov/online/ss-5.html.

There is no federal law administered by any federal agency that prohibits the hiring of a person based solely on the fact that the person does not have a SSN. Similarly, there is no federal law that prohibits the making of a payment to a person based solely on the fact that the person does not have an SSN. However, there are federal laws and regulations that require the reporting of a payee's Taxpayer Identification Number (TIN), which can be either the SSN or Individual Taxpayer Identification Number (ITIN), on federal information returns and payee statements such as forms W-2, 1099, 1042-S, etc. 

Foreign students who are studying in the United States are not required to have a Social Security number.

Work performed by students who visit the United States for a limited period of time is not covered by Social Security and, therefore, not subject to Social Security taxes. F-1, J-1 and M-1 visa holders working in connection to their studies or for the purpose of their visit to the U.S. are not covered by Social Security. This means that there will be no withholding of Social Security or Medicare taxes from the pay received for these services. These types of services are very limited, and generally include only on-campus work, practical training, and economic hardship employment.