THIS WEEK’S IMMIGRATION NEWS:

Update on Congressional Immigration Debate in Washington

The debate on massive immigration reform is about to heat up in Washington. Over the next month, the Senate is expected to produce and vote on an Immigration Bill. The question is, will they follow the lead of the House of Representatives and pass a bill focused entirely on enforcement? Or will they pass a comprehensive Bill that deals with border enforcement as well providing a legal means for employers to hire guest workers? And if there is a guest worker component to the Bill, will the Bill provide a path to legalization for the eleven million undocumented immigrants in the country? And finally, given the serious political problems facing the White House today, how much power does the President really have anymore over his party in Congress? I’ll keep you posted regarding the process of the Bill through Congress.

The Social Security Administration Confirms That Employees Do Not Need Social Security Numbers To Begin Working

The Social Security Administration (SSA) recently confirmed, that contrary to popular belief among employers, neither immigration law nor federal tax law requires an individual to possess a Social Security Number (SSN) to begin working. Immigration regulations do not require an employee to present an SSN Card but, rather, lists the Card as a possible “List C” document of work authorization.

Similarly, the Internal Revenue Code does not require an employee to possess an SSN to begin working. It requires only that an application for an SSN be made within seven days of commencing employment for taxable wages. This issue generally affects individuals who are otherwise legal to work, for instance those who have an Employment Authorization Document (EAD), or H-1B or other work visa, but cannot work until the SSA sends them the social security card in the mail (normally within 3 weeks after application. Usually, the real obstacle to commencing employment is the software of a third-party payroll preparer, which cannot generate a paycheck without the number. Under these circumstances, if permitted by its system, the preparer can use a “dummy” SSN solely to generate a paycheck, provided the actual SSN or other required information is provided on the information returns at the time of filing. Further instructions are on the SSA website at www.ssa.gov/employer

IMMIGRATION TIPS: 

Reminder that the 2006 Poverty Guidelines Required For I-864 Affidavit Of Support Go Into Effect, March 1, 2006

The 2006 Poverty Guidelines, showing the minimum income required for a sponsor of a family-based petition on the I-864 Affidavit of Support, goes into effect on March 1, 2006. The 2006 guidelines reflect the 3.4 percent increase between calendar years 2004 and 2005. The following are the  2006 Poverty Guidelines for the 48 Contiguous States and the District of Columbia:

Helpful Documents For Green Card Holders To Carry When Re-entering After Extended Periods Outside the U.S.

Last week I discussed the all too common situation of a Permanent Resident losing his or her Green Card (permanent resident status) in the U.S. as a result of staying outside the U.S. for an extended period of time.  This week I want to follow up by providing advice regarding helpful documents which a Green Card holder can carry when re-entering the U.S., which will help to show that he or she does in fact live in the U.S.