Working With EAD and no SSN

[CanadaGirl 0]

Hello,

I just got a job offer to work part time at Target while I try to get a job in my career field (architecture). I have my EAD but no SSN yet. Is this ok?

They said my EAD was fine and just give them my SSN once I have it but I just want to be sure before I actually go work.

Thanks for your help,

Terri

[I'm Gone 60]

http://www.irs.gov/businesses/small/intern...=129227,00.html

Delays in Issuing SSNs to Aliens by the Social Security Administration

There is no federal law administered by any federal agency which prohibits the hiring of a person based solely on the fact that the person does not have a Social Security Number (SSN). Similarly, there is no federal law which prohibits the making of a payment to a person based solely on the fact that the person does not have an SSN.

However, there are federal laws and regulations which require the reporting of a payee's TIN (Taxpayer Identification Number--SSN or ITIN) on federal information returns and payee statements such as forms W-2...

The IRS is quite aware of the Social Security Administration's new procedures effective since 09-30-2002 about not issuing an SSN to any alien for whom it cannot confirm his identity and immigration status from the USCIS (United States Citizenship and Immigration Services—formerly the INS). In addition, the IRS is quite aware of the potential delays in securing an SSN which these new procedures may cause some aliens. Furthermore, in the situation in which an alien is work-authorized under the immigration law and has met the Social Security Administration's evidence requirements for an SSN, but who is experiencing delays in securing an SSN caused by the SSA's new procedures, the IRS will not generally issue an ITIN (Individual Taxpayer Identification Number) to such an alien.

With respect to IRS penalties related to the payer's failure to furnish a payee TIN on an information return and on a payee statement, the fact that the payer does not have a payee TIN to report solely because the SSA is delaying an issuance of an SSN, or cannot issue an SSN, to a work-authorized alien because of its new procedures, will cause the IRS to be quite favorable toward considering this situation one in which "reasonable cause" exists for not asserting such penalties. The payer should keep documentation to show that his failure to supply a payee TIN is caused solely by the SSA's new procedures for issuing SSN's to aliens.

The IRS cannot speak to the issue of potential penalties which could be imposed by other federal, state, or local agencies for the failure of an employer or payer to report a payee's TIN on any required documents, except to note that the filing of the immigration Form I-9 without an SSN does not constitute grounds, in and of itself, to reject the validity of the Form I-9. If an alien employee can prove his work-eligibility with documents listed on Form I-9 other than a U.S. social security card, then the alien's Form I-9, even though submitted without an SSN, is valid under the immigration law.

[arwensun1965 1]

Delays in Issuing SSNs to Aliens by the Social Security Administration

There is no federal law administered by any federal agency which prohibits the hiring of a person based solely on the fact that the person does not have a Social Security Number (SSN). Similarly, there is no federal law which prohibits the making of a payment to a person based solely on the fact that the person does not have an SSN.

However, there are federal laws and regulations which require the reporting of a payee's TIN (Taxpayer Identification Number--SSN or ITIN) on federal information returns and payee statements such as forms W-2...

The IRS is quite aware of the Social Security Administration's new procedures effective since 09-30-2002 about not issuing an SSN to any alien for whom it cannot confirm his identity and immigration status from the USCIS (United States Citizenship and Immigration Services—formerly the INS). In addition, the IRS is quite aware of the potential delays in securing an SSN which these new procedures may cause some aliens. Furthermore, in the situation in which an alien is work-authorized under the immigration law and has met the Social Security Administration's evidence requirements for an SSN, but who is experiencing delays in securing an SSN caused by the SSA's new procedures, the IRS will not generally issue an ITIN (Individual Taxpayer Identification Number) to such an alien.

With respect to IRS penalties related to the payer's failure to furnish a payee TIN on an information return and on a payee statement, the fact that the payer does not have a payee TIN to report solely because the SSA is delaying an issuance of an SSN, or cannot issue an SSN, to a work-authorized alien because of its new procedures, will cause the IRS to be quite favorable toward considering this situation one in which "reasonable cause" exists for not asserting such penalties. The payer should keep documentation to show that his failure to supply a payee TIN is caused solely by the SSA's new procedures for issuing SSN's to aliens.

The IRS cannot speak to the issue of potential penalties which could be imposed by other federal, state, or local agencies for the failure of an employer or payer to report a payee's TIN on any required documents, except to note that the filing of the immigration Form I-9 without an SSN does not constitute grounds, in and of itself, to reject the validity of the Form I-9. If an alien employee can prove his work-eligibility with documents listed on Form I-9 other than a U.S. social security card, then the alien's Form I-9, even though submitted without an SSN, is valid under the immigration law.

So is that a Yes or a NO????

[CanadaGirl 0]

Well I understand that as you need either a SSN or TIN to work however they won't issue you a TIN if you are applying for a SSN.

So since I don't have a TIN or SSN I guess that means I really shouldn't be working. I'm not sure what to do because I made it clear that I don't have a SSN but I do have an EAD in my interview and both managers said it was fine and that they just code me in different.

Anyone else have some thoughts on this or in the same situation??

Thanks,

Terri

[Yodrak 7]

CanadaGirl,

Read I-9 to see the employer's responsibility for documenting your SSN.

Yodrak

Hello,

I just got a job offer to work part time at Target while I try to get a job in my career field (architecture). I have my EAD but no SSN yet. Is this ok?

They said my EAD was fine and just give them my SSN once I have it but I just want to be sure before I actually go work.

Thanks for your help,

Terri

[allynella 0]

It is legally possible for the employer to hire, so long as EAD and proof of SSN application is in hand, but good luck finding one willing to do so. If Target is willing, go for it...

[CanadaGirl 0]

OK thanks for all your help. They called me today to tell me that I am starting on Friday so I was so excited to get out and doing something.

However......my manager called about 2 hours later and said that they can not conduct a background check without my ssn so therefore I need to wait until that is complete to start work.

Oh well...I made an appointment with INFOPASS for July 11th to hopefully help me get in the SAVE system or find out what is happening on the USCIS side of my application for my SSN. The social security office today told me that they have not got anything back from immigration yet.

I hate this whole system lol. Why do we pay $180 and wait for our EAD to just have SSN tell us to wait another 4-6 weeks so they can verify that we can work!

Terri

[allynella 0]

Hi Terry! Follow-up with the SSA every day (phone - they will tell you if a number has been issued). That is what I did and on my 3rd try.... number was issued! I wish you speedy results and all the best.

[CanadaGirl 0]

Thanks for the advice on checking every day on the phone. They are so rude at the SSN office that I thought they would do something on purpose to my case like drag it out if I kept bugging them. The two times I've been so far they keep saying "come back after 4-6 weeks"

[wifey246 0]

Thanks for the advice on checking every day on the phone. They are so rude at the SSN office that I thought they would do something on purpose to my case like drag it out if I kept bugging them. The two times I've been so far they keep saying "come back after 4-6 weeks"

Hi,

I'm on the same boat as you.. I applied for an SSN on June 9th. They gave me a letter with a reference number that says they cannot issue me one until they have proof of eligibility and that I should get a response in 4 weeks, and they kept a copy of my EAD. I went back to the SSA office almost every other day for 2 weeks after that, and yes, some of them can be so rude!! I explained to them that i was doing that out of desperation! I gave up after a while.

Yesterday, I received a letter from SSA in the mail saying I should receive a card in 2 weeks.

I am guessing that the local SSA office might now have the number in their file and I was planning to go to their office today but my schedule just went crazy so I'll try to do it on Monday.

And I was sooo happy that I received the EAD early... It's almost a month now and that card is no use to me still