Social Security Numbers and Immigration
A Guide for Employers

Social Security and Employment in the United States

It is unlawful to hire a foreign national knowing that he/she is unauthorized to work in the U.S. A social security number (SSN) card is a document evidencing an individual's authorization to work, unless the card specifies that employment is not authorized. The Social Security Administration (SSA) will generally not assign an SSN to individuals who are not authorized to work in the U.S. A foreign national who presents an I-94 that reflects a status authorizing employment is presumed to have permission to work.

Employers are responsible for the accuracy of the information provided in Section 1 of the employee's I-9 form and they need to verify that employees provide their social security numbers.

Social Security Numbers for Foreign Nationals

Generally, a foreign national may obtain an SSN in one of three ways:

1. The foreign national is lawfully admitted to the U.S. for permanent residence or has been given a legal status authorizing him/her to work in the U.S.;

2. The foreign national is not authorized to work but is lawfully in the U.S. for a nonwork purpose that requires an SSN; or

3. The foreign national resides in the U.S., does not have evidence of alien status, and an SSN is required by law for the alien to receive a federally-funded benefit to which he/she is entitled, or the foreign national resides outside the U.S. and needs an SSN for a Federal tax reporting purpose for which an SSN is needed.

Identifying Invalid Social Security Numbers

Employers may become aware of the invalidity of an employee's social security number in one of two ways:

1. Area Numbers: The first three digits of a person's social security number refer to the area or state where the application for an original SSN was filed. Employers may refer to the chart of current "area" numbers assigned by the SSA throughout the U.S. by consulting the SSA website (http://www.ssa.gov/foia/stateweb.html). If an "area" number does not appear on that chart, it is invalid; or

2. No-Match Letters: An employer may also be informed of an invalid SSN through communication from the SSA. "No-match" letters are sent when the SSA's records do not match the name or SSN used on a W-2 wage report.

Receipt of communication of an invalid SSN does not, by itself, put the employer on notice that the SSN is fraudulent and the employee is unauthorized to work. Therefore, it is important not to take adverse action against the employee immediately. A no match could result from the use of hyphenated names or typographical errors. The employer should verify with the SSA that this is not the case. If the SSN was incorrect due to a typographical or similar error, the employer should have the information on all forms containing the SSN corrected.

If, on the other hand, the employer confirms the invalidity of the SSN, the foreign national may not be authorized to engage in employment in the U.S. The employer must determine whether the employee is in fact authorized to work in order to avoid a finding of constructive notice of the employee's unauthorized status.

Social Security Number Verification System

Employers may contact the SSA in order to verify a social security number. The contact information may be found on their website http://www.ssa.gov/employer/ssnv.htm. The SSA is also piloting a Social Security Number Verification System (SSNVS), which is an internet-based system that will provide immediate or next business day response to name/SSN requests. Currently, the system is only open to a small number of pre-selected companies. Broader access to this system, to cover all employers, has been proposed.

Teressa Accurso Dickman
Law Offices of Teressa Accurso Dickman, P.A.
www.ImmigratingToAmerica.com

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