SOCIAL SECURITY ADMINISTRATION ANNOUNCES NEW RULES FOR ISSUING NUMBERS TO ALIENS

The Social Security Administration (the "SSA") has announced a change in policy regarding the issuance of Social Security Numbers ("SSNs") for those foreign nationals not authorized to work in the US. In the past, the SSA has issued numbers to those who had "valid reasons" for needing the number. The SSA has never clarified what constitutes a "valid reason." Recently, the SSA issued a policy statement clarifying when a foreign national can get an SSN.

For persons filing taxes, the SSA requests individuals to file IRS Form W-8 Certificate of Foreign Status. The form allows the IRS to assign an alien a taxpayer identification number.

The SSA will assign a nonwork SSN when the alien provides documentation proving he or she has applied for a service or benefit and is entitled to that benefit except for having an SSN. Those services or benefits might include receiving general public assistance, a driver's license or registration of a motor vehicle. To get a nonwork SSN, you must call SSA to make an appointment to apply for a number, provide a letter from the government agency requiring the SSN (the letter must cite the law requiring the SSN and indicate that you meet all the requirements except for having the SSN) and provide original documents showing your age, identity and lawful alien status. A dependent of a taxpayer can get an SSN if the dependent can prove the taxpayer upon whom one is depending actually works in the US, the dependent can prove the relationship to the taxpayer and the dependent has resided in the US for at least 183 days of the tax year. A dependent can be a child, stepchild, adopted or foster child, parent or in-law, grandparent, or brother or sister of the taxpayer. A spouse is not considered a dependent.

The SSA states that SSNs are not needed to purchase savings bonds, for students attending universities who wish to open bank accounts, registering for school, reporting group health insurance coverage, applying for school lunch programs and applying for HUD housing.