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SOCIAL SECURITY ADMINISTRATION'S NEW RULE WILL EASE ISSUING OF SOCIAL SECURITY NUMBERS TO IMMIGRANTS

As part of the Social Security Administration's efforts to "re-engineer" its operations in order to better serve the public, the Social Security Administration is changing its procedures to make it easier for immigrants to get Social Security Numbers automatically at the time of immigrating. It recently published a final rule describing the changes.

Previously, the Social Security Administration (SSA) assigned a Social Security Number (SSN) to an alien when the individual submitted to a local SSA field office a completed SS-5 form and proof of age, identity, and lawful admission for permanent residence or authorization to work. Adult SSN applicants had to appear for an interview at a local SSA office.

The SSA, State Department (DOS) and Immigration and Naturalization Service (INS) have agreed on new procedures for DOS and INS to forward information to SSA. The DOS and INS will collect the information the SSA needs to issue a SSN and the INS will now electronically transmit the information to the SSA.

The SSA will then assign SSNs to aliens when they enter the US. Cards will be mailed to the alien at the address given to the INS at the time of entry or, in the case of a refugee where a final address is not yet known, the card will be mailed to the agency sponsoring the refugee. In person interviews will not be required anymore, though applying in person at the local SSA office for a new or replacement card is still permitted. The SSA expects the new procedure to cut down on the use of counterfeit INS documents to obtain SSNs. It will also save the government considerable money by increasing the efficiency of the process.

The new rules also amend SSA rules on the presumption of authority of a nonimmigrant alien to accept employment. The SSA rule clarifies that a nonimmigrant alien who has not been issued a Form I-94 showing a visa category authorizing work, must present a current employment authorization document or other document from the INS which permits the alien to work. Otherwise, the SSN will be issued with the words "NOT VALID FOR EMPLOYMENT."

The SSA noted in the preamble to the regulation that the INS will only be able to collect information on about 60% of aliens who need SSNs. The INS claims it will be several more years before it will be able to collect information on all applicants.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
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Email: info@visalaw.com

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