Social Security Number Experiences

Information about obtaining a Social Security Number

The purpose of this page is to help people entering on a K-1 Visa or I-130 status find out if their local Social Security Office will accept the I-94 'Employment Authorized' Stamp or the Employment Authorization Document (EAD) as evidence of their work authorization and therefore issue a work authorized Social Security Number.

Disclaimer: Please note that the information on this page is drawn from people's experience and, other than some of the external links, is not official information from any organization. The information provided here should not be taken as legal advice. Reliance on the information is at the risk of the reader.

Please scroll down to read or download the Em-00154 memo sent out to all Social Security Offices in November, 2000 stating that people who entered the country on a K-1 Visa are entitled to a Social Security Number.

An alien is required to apply for a Social Security Card before he or she can be paid by an employer. Applications for Social Security Cards are made using Form SS-5. In addition to the application form, the Social Security Office normally requires evidence of age, citizenship, and identity. According to the instructions, this normally means providing a birth certificate. In addition to a birth certificate, the Social Security Office requires one additional document showing identity. An applicant who is not a U.S. citizen must provide a foreign birth certificate or passport and proof of lawful status in the United States.

According to SSA Publication No. 05-10096 (April 2000):

"If you are a lawfully admitted alien with Immigration and Naturalization Service (INS) permission to work in the U.S., you need a Social Security number. Also, if you are a lawfully admitted alien who does not have permission to work, but wants to enlist in the U.S. military, federal law requires you to have a Social Security number. The number is used as your military service number.

State and local laws that conform with federal law may require you to give a Social Security number--even if you don't have permission to work. The Social Security Act permits state and local governments to use the number to administer laws related to:

• taxes;
• general public assistance;
• driver licensing; or
• motor vehicle registration.

To apply for a Social Security number:

• Call or visit one of our offices to apply for a number.
• Provide original documents showing your age, identity and lawful alien status (including your permission to work in the U.S.).

If you don't have permission to work, but still need a number, you must provide a letter, on letterhead stationery (no form letters or photocopies), from the government agency requiring you to get a number. The letter must:

• specifically identify you as the applicant;
• cite the law requiring you to have a Social Security number; and
• indicate that you meet all the agency's requirements, except having the number.

If you are assigned a number for nonwork purposes, you can't use it to work. If you use it to work, we may inform INS.

If you need a number for tax purposes, but don't meet Social Security's requirements to be assigned a number, you can apply for an Individual Taxpayer Identification Number (ITIN) from the Internal Revenue Service (IRS). Visit IRS in person or by calling the toll-free IRS number 1-800-TAXFORM (1-800-829-3676) and request form W-7, Application for an Individual Taxpayer Identification Number.

As a lawfully admitted alien, you can obtain many benefits and services without having a number, even though you're asked to give one. You don't need a number to:

• Purchase savings bonds. A lawfully admitted alien may be designated a co-owner or beneficiary without a number.
• Conduct business with a financial institution. For tax purposes, financial institutions will ask you for a taxpayer identification number. If you aren't eligible for a Social Security number, contact IRS. IRS can help you determine if you need an ITIN.
• Register for school or apply for educational tests. Schools aren't authorized to use the number to administer education programs. A student applying for the SAT, GRE and other educational tests doesn't need a Social Security number to take the test.
• Report group health insurance coverage. Employers aren't required to report Social Security numbers for lawfully admitted alien family members who are covered by group health plans but don't have numbers.
• Apply for school lunch programs. The parent applying for free or reduced-price lunch for the child(ren) can use his/her own number or should get a letter from Social Security stating no number will be assigned.
• Apply for HUD housing. Family members age 6 and older must give a Social Security number or get a letter from us stating no number can be assigned."

A U.S. employer serves as a kind of agent for the Immigration and Naturalization Service INS). Federal lawmakers came up with the I-9 verification process, which requires employers to confirm the employment eligibility of workers. Government investigators use these I-9 forms to check if employers are using undocumented workers.
Immigration Laws for Employers

The actual 'guidelines' from the National Social Security Administration say that either the 'Employment Authorized' stamp on the I-94 or the EAD Card (I-688B) should be sufficient proof. The Social Security Manual of Operations, however, states that a K-1 visa holder is a "legal alien not authorized to work". Hence, the only really acceptable documentation remains the EAD card, regardless of the 'Employment Authorized' stamp received at the port of entry. Technically, the K-1 Visa is a nonimmigrant visa. If the K-1 Visa holder does not marry the U.S. citizen in 90 days, he or she must leave the U.S., negating the need for a Social Security Number. Therefore, prior to marriage within the 90 day period, the INS and Social Security Administration do not know whether the K-1 Visa holder will in fact marry and become an alien with an immigrant intent. After marriage does take place, the Adjustment of Status process includes requesting an EAD which then becomes the action point for obtaining the Social Security number.

Social Security Offices seem to interpret the rules in different ways, and this has resulted in people not being able to get employment as quickly as they had planned. In November 2000 a memo was sent out to all Social Security Offices, stating that people who entered the country on a K-1 Visa are entitled to a Social Security Number. More details here

If you need to find out which your local Social Security Office is then go to this web page: https://s3abaca.ssa.gov/pro/fol/fol-home.html

You can get more information by calling Social Security's toll-free number, 1-800-772-1213. You can call for an appointment or to speak to a service representative between the hours of 7 a.m. and 7 p.m. on business days. If you have a touch-tone phone, recorded information and services are available 24 hours a day, including weekends and holidays. People who are deaf or hard of hearing may call the toll-free TTY number, 1-800-325-0778, between 7 a.m. and 7 p.m. on business days.

From a newsgroup regular:

FYI, the attached link is the SSA's answer to the following question: "I have come to the U.S. to marry my boyfriend. My immigration document shows "K-1." How do I get a Social Security number so I can work?" SSA states that, in addition to the standard documents verifying identity, it just needs to see the document issued by the INS showing your K-1 status (i.e. I-94 showing K-1). I would recommend that people print the page out and bring it with them to the SSA office so that they are not refused a SSA just because they don't have the EAD.

SSA FAQ

EM-00154

• I-94 showing the alien is admitted as a K-1 for a 90-day period; or
• EAD (Form I-688B showing "274A.12(A)(6)" on the face of the card under Provision of Law or Form I-766 showing "A-6" on the face of the card under Category).

The memo also states: "Some I-94s issued to K-1s are stamped or annotated "Employment Authorized," and some are not. Either way, the I-94 is proof a K-1 alien is authorized to work." The memo is File no. EM-00154 dated November 1, 2000"

First paragraph - "This Emergency Message replaces EM-00009 which expired in September 2000 and POMS instructions, RM 00203.500C.2., for K-1 aliens. A K-1 alien is the fiancee of a U.S. citizen"

Second paragraph - "A nonimmigrant alien in K-1 alien status is authorized to work based on that status and is no longer required to show an employment authorization document (EAD) as proof of employment authorization when applying for a Social Security Number (SSN) card."

Download the memo or go to RM 00203.500 Employment Authorization for Nonimmigrants Policy C.

I received this email from GT Hunt of Immigration.com.

Dear Friends:

"It has become impossible for persons legally in the United States on nonworking visas to get Social Security numbers, and therefore they cannot get drivers' licenses in the State of Illinois, and may run into other difficulties. This has caused much inconvenience and hardship for the families of students and of H-1b workers. Persons with K- visas should not be affected, but the local offices of Social Security are not always well-informed, so some of them may be.

Last year I brought a suit in the US District Court in the District of Columbia which temporarily ameliorated this problem. This was Iyengar v. Barnhart, 233 F.S. 2d 5 (D.C., 2002), which can be downloaded from http://www.dcd.uscourts.gov/02-0825.pdf. In that suit I got the ban on nonworking SSNs postponed till after the Social Security administration could go through a formal rulemaking. They did that, and the formal rule went into effect October 27, 2003, despite almost unanimous opposition in the comments submitted.

I am considering another action, so I would be delighted to talk to anyone who is having trouble getting a Social Security number. Thank you,"

G.T. Hunt
Phone: 301-530-2807
E-mail: gthunt@mdo.net

Some Useful Resources

• The K-1 FAQ
• The Social Security Office Locator
• Social Security Online
• Social Security Online - Frequently Asked Questions
• Social Security Benefit Information Publications
• Social Security Forms
• Selective Service System
• Social Security and Taxpayer ID Requirements
• FAQ on Social Security Numbers
• Social Security FAQ
• SSN FAQ

If you want to be included in this experiences list, please send an e-mail to us at info@kamya.com. Please don't use this e-mail address for specific questions related to Social Security Numbers. Thank you. You can also fill out the following form:

Name:

E-mail Address:

Card or Stamp used to apply:

SS Office applied:

Month/Year of Application:

SS# Issued - Yes/No:


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