When a transferee completes an application for a Social Security number, it is recommended that they use a permanent residential address. If they have not yet secured permanent housing, they can use an address of their short-term corporate apartment but it is not recommended that they use a hotel or a business address. This is because the post office may intercept the card and shred it (due to Social Security fraud issues).
Social Security does offer another option for transferees without a residential address, which is to have the card sent to the closest Social Security field office. According to a recent audit report conducted by the Social Security's Office of the Inspector General (OIG), however, Social Security cards addressed to the field offices have not been delivered consistently.
If the transferee does not yet have a permanent residential address or is staying temporarily in a hotel, it is strongly recommended that they have the card sent to the home of a trusted colleague to ensure receipt of the card.
EG
If a transferee applies for their Social Security number successfully, the number is available within 48 business hours at the office where they applied. The Social Security office no longer provides Social Security numbers over the phone. This information is provided in the FAQ section of the SSA website.
Recently transferees have complained that when they go to Social Security to find out their number they have been refused due to "security measures." It seems that once again Social Security is unaware of their own rules.
It is suggested that the transferee brings all the documentation they used to originally apply when they go to find out their number, and if they are refused, they should ask for a supervisor and provide them with the Social Security policy on requesting printouts of the number.
EG
Back in 2005 we stressed the importance of making sure the transferee's name on the I-94 card matches exactly with the name on the passport and visa. This still holds true, and now for a new reason; some states (e.g. New York) will not accept a driver's license application unless the name on the I-94, Social Security card, passport and visa all match.
In the event an error has been made on the I-94, the transferee can make an appointment with a Custom and Border Patrol's Deferred Inspection Office to "fix" the name on the I-94 (and then apply for a replacement Social Security card if necessary).
If the transferee has not yet applied for the SSN, the best preventative course of action is to make sure the Social Security Administration's clerk uses the name as it appears on the passport - which is the primary proof of identity.
More details on SSA policy can be found here (A1) and here (2B).
EG
Assignees often ask us how to obtain a SSN for their school-age children - many schools ask for this information on their applications.
According to SSA, a child on a non-immigrant visa (such as L-2 or E-2) is not permitted to apply for a SSN unless they have authorization to work, or, a letter from the government explaining for which non-work reason the child is eligible.
As far as school applications are concerned, the SSA states that; "because schools are not mandated to use the SSN in administering educational programs, when the student does not have a SSN...the school should assign the student an internal student number".
More information on this policy can be found here. (See #A2b and #C9).
EG
Last year we wrote that, per Social Security Administration (SSA) regulations, spouses with E-1, E-2 and L-2 visas no longer had to wait for their Employment Authorization Document (EAD) to apply for their SSN. In the same SSA policy it mentions that "The E-1, E-2 and L-2 spouse is not required to apply to DHS for an EAD card as documentary evidence of work authorization but may choose to do so."
Does this mean that if an accompanying spouse intends to work in the U.S., they do not need to apply for work authorization but can just use their SSN? Eh, no. Steve Trow, an immigration lawyer in Washington DC, explained to ReloBlogger that USCIS regulations are clear that spouses must apply for their EAD and wait for the EAD to be issued before starting to work. More information can be found on USCIS Form I-765.
As federal regulations can often be inconsistent, ReloBlogger recommends retaining the services of a trusted lawyer for all immigration matters.
EG
Under pressure from a pending lawsuit by a federal court, DHS announced it will rewrite its no-match rule and assess its potential impact on U.S. businesses. In the meantime - through a motion filed on November 23rd - DHS asked the same federal court to suspend the proceedings of the lawsuit until March 2008.
The rule currently requires companies to terminate the employment of workers whose SSN information does not match the data with Social Security Administration, unless this discrepancy can be resolved within 93 days.
RH
Spouses of international assignees with a L-2 or E-2 visa are eligble to obtain a SSN. Social Security Administration (SSA) requires a English translation of the marriage certificate for the application. ReloBlogger has learned that some SSA offices mandate that such translations are done in-house, while other offices accept marriage certificates translated by an outside source. So, what to do?
It is advisable to get a translation done in advance by e.g. the local consulate or a professional translation company, and then hope that the translation is accepted by the SSA officer.
Should this not be the case, the clerk will follow this priority list for a translation request:
- an authorized translator at the local SSA field office will do the translation;
- a regional SSA office will do it (if the field office cannot);
- an "acceptable" non-SSA translator in the region will do it if the translation cannot be provided in two weeks
For more information, please see SSA's Program Operating Manual System.
EG
The U.S. District Court of Northern California issued a temporary injunction to block the recently issued rule by DHS intended to pursue, and potentially prosecute, employers whose employees were found to have inconsistent records with SSA.
At least for now, SSA is holding off on mailing some 140,000 no-match letters. Regardless of this new development, we continue to encourage employers (and international assignees) to be vigilant when completing immigration and SSA documents.
RH
In an effort to crack down on illegal immigration, the Department of Homeland Security (DHS) issued a ruling intended to reiterate the responsibility of employers to comply with certain legal hiring requirements. Under this new ruling, DHS outlines how employers should respond when they receive a so called "no-match letter" from Social Security Administration (SSA). SSA will issue such a letter when employees' names and corresponding Social Security Numbers (SSN) do not match SSA's records.
Although SSA issues no-match letters every year, this notice will now be accompanied by a letter from U.S. Immigration and Customs Enforcement (part of DHS). DHS regulations specify - among other things - that, when such discrepancies cannot be resolved within 93 days, the employer must terminate the employment.
As reported before on ReloBlogger, it is ever more important that international assignees complete all immigration and SSN related documents with the utmost consistency. This includes the I-94 upon arrival in the U.S., as well as the SSN application form.
RH
In our August 31 post, we shared that not all Social Security Administration (SSA) officers are familiar with the new rules that allow spouses of E-1, E-2, and L-1 visa-holders to obtain a SSN (even without an Employment Authorization Document). Unfortunately, recent experiences tell us that there still is a knowledge "shortage" at SSA on this issue.
To educate its own staff, SSA provides "Employee Operating Instructions" which are accessible to the public on SSA's website. Article C.1. of section RM 00203.500 Employment Authorization For Nonimmigrants stipulates (albeit in rather confusing language) that the spouses of said visa-holders can indeed apply for a SSN. It further states that, without an EAD, a marriage certificate is required to prove the spouse is married to the principal visa-holder.
We recommend that assignees bring a copy of this section with them to the SSA office should the clerk on duty need to be enlightened about their own rules.
RH
