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 QUESTIONS:

Question: I have applied for my Citizenship and should have my Naturalization in the next six months.  I will be marrying my fiancée next month and hope to be able to file for her residency. When we decided to get married, she told me that she entered the U.S. from Jamaica legally, and had applied for a student visa, but the application was denied – so she stayed in the U.S. anyway. My question is, once we marry, will I be able to file for her Green Card or is she not eligible because she is not in legal status? Also, she has a son who is 12 by a previous marriage, can I apply form his Green Card as well? 

Answer: As long as you are a US citizen and your fiancé entered legally, (with inspection by an immigration officer-being issued an I-94 card), then she should be eligible to adjust to a green card even though she has failed to maintain legal status. This is also true for her son. U.S. stepparents can petition for minor children of their spouses, as long as the stepparent relationship is established before the stepchild’s 18^th birthday. This means that as long as the marriage takes place before a child turns 18, the stepparent can sponsor the child for a Green Card.

Question: I am currently under H1-B status, and have received a visa stamp at the U.S. embassy in Kingston. I am going to change employers and the new company will file my H1-B transfer.  My question is: Once the transfer of my visa is complete and I travel outside the U.S., do I have to get a new stamp in my passport with my new company's name on it? My stamp will not expire for two more years.

Answer:  No, you can use the same visa stamp to reenter as long as you have documentation of your approval for the new position and proof of your employment. Check with your immigration lawyer before you leave to make sure you take the correct paperwork.

Question: My H1B visa will expire next month. My employer will be requesting a renewal, and we know that the renewal process will take 120-180 days before we can receive a final answer.   Can I keep working and earning a salary during those 120 days while the INS processes my case?  Or should I wait until the case is over and I get my new status?

Answer: You are permitted to work for up to 240 days while you wait on the answer on an H-1B extension. Presently, USCIS takes between 30 to 120 days to process H-1B extensions.