The Social Security Administration (SSA) has recently proposed rules to change the way Social Security Numbers (SSNs)are provided to foreign nationals in the US. Under the proposed system, the Department of State (DOS) and the Immigration and Naturalization Service (INS) will collect information and the INS will forward the information electronically to the SSA. The SSA will then assign an SSN and the alien will be provided the number at the time of entering the US on an immigrant visa or work-authorized non-immigrant visa or at the time of acquiring such status in the US if the alien is already here in another status. In addition to offering a considerable convenience to aliens, the SSA hopes this new system will dramatically reduce the problem of aliens presenting forged immigration documents in order to acquire an SSN. The system is also intended to cut government expenses by eliminating the duplication of work done by DOS, INS and SSA.
Under the new system, in-person interviews will no longer be necessary for aliens seeking SSNs when an application for a Social Security Number is made with the INS or the State Department. Rather, the alien will fill out a new Social Security Number request form provided by the Department of State or the INS. The INS will then transmit the information to the Social Security Administration central office in Baltimore, Maryland. SSA will then issue a card and mail it to the alien at the address provided to the State Department or the INS. Aliens will still be able to apply for Social Security Numbers at Social Security offices.
The SSA also proposes to amend the rules regarding documentation that can be presented in those cases where aliens decide to apply for a Social Security Number at an SSA office. Under current rules, numbers can be assigned to lawful permanent residents, non-immigrants with work authorization and non-immigrants without employment authorization who have a valid nonwork reason for needing a number (e.g. to receive a Federally-funded benefit or enlist in the armed services). Current rules only allow for the presentation of an I-94 in an appropriate visa category as evidence of a non-immigrant visa holder’s work authorization. The SSA will now accept an Employment Authorization Document in cases where an alien has been issued such a document by INS (such as in the case of a pending adjustment of status or asylum claim).
The SSA has eliminated language allowing the issuance of SSNs for tax purposes since the Internal Revenue Service will now issue separate taxpayer identification numbers for persons not eligible for SSNs.
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