Overview of Social Security Numbers Process for Foreign Nationals

In general, anyone eligible to work in the United State is authorized to receive a Social Security number (SSN). The purpose of the SSN is to serve as a tracking number for income taxes and related matters. For foreign nationals, it can be useful to understand the basics on how to apply for an SSN, work authorization while waiting for an SSN to be issued, and steps to take after naturalization.

How to Obtain a Social Security Number

On the application for employment authorization (form I-765), an applicant has the option to apply simultaneously for an SSN by filling out the required fields listed in the form. If a foreign national is not filing a form I-765, that individual typically is required to appear in person at a local Social Security Administration (SSA) office. The individual must present two qualifying forms of identification, along with evidence of work authorization, immigration status, and age. More information on how to apply is available on the SSA website.

If a foreign national is applying for an immigrant visa at a U.S. consulate abroad, the applicant may request an SSN on the visa application. This process, dubbed enumeration at entry (“EAE”), can create delays. EAE requires information to be transferred through four federal agencies: the U.S. Department of State (DOS), U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and finally to the SSA. If the information does not flow properly, the SSA puts a hold on the application. This delay cannot be bypassed by submitting a new SSN application after entry because that will also be placed on hold. Thus, it often is better to wait until after arrival to apply for the SSN.

When to Expect Receipt of Social Security Card

If an SSN was requested using form I-765, the SSA is expected to issue an SSN card to the applicant within seven days of the USCIS approving the application. If the applicant applies in person at an SSA office, the card should be issued within two weeks. Immigrant visa applicants who request an SSN at a consulate abroad are supposed to receive the SSN card within three weeks of arrival to the U.S, assuming there are no delays.

Work Authorization Not Contingent on SSN

A foreign national does not need to wait for receipt of the SSN to start working. In fact, depending on the individual’s immigration status, failure to begin working actually may be a violation of status. Note that there have been reports of employers mistakenly believing that the I-9 process required to verify employment eligibility cannot be completed until the employee has an SSN issued. In reality, the M-274 Handbook for Employers, which is an official government resource, specifically instructs employers that employees may work while awaiting issuance of the SSN.

Annotated Social Security Cards

There are two types of SSN cards that indicate work authorization: blanket and annotated authorization. Annotated authorization cards are issued to foreign nationals who are admitted to the U.S. temporarily and who may be authorized to work by the DHS. These cards state: “VALID FOR WORK ONLY WITH DHS AUTHORIZATION.” U.S. citizens, lawful permanent residents, and certain other classes of individuals are issued SSNs without any annotation, signaling that the individual has unrestricted work authorization.

When filing an application to adjust status (form I-485), there is an option to request that the Social Security Administration issue the applicant a Social Security Card without an annotation once the green card is issued. If the applicant fails to request this during the I-485 process, or otherwise is eligible for such a card, the individual should apply at an SSA office.

Conclusion

Having an SSN has significant advantages and can be absolutely necessary in a number of situations. While the application process can be cumbersome, the USCIS and SSA have taken steps in recent years to make it a bit smoother.

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