Social Security Card with 'DHS' wording problem

[barbsdesk 0]

Please help. I am so upset.

I have had my Green card since June. USCIS took my EAD card during the Green Card approval interview.

Been looking for work since early June, and was finally hired here in South Jersey working at a deli. I worked 4 hours before they called me in to do my I-9.

When I presented my documents for the I-9, (my SS card with the DHS restriction, my GREEN CARD, and a color copy of the EAD card that USCIS took away) the supervisor, who admits they have never hired "a foreigner" before, said she could not accept my SS card with the "DHS approval needed".

So I went to Social Security this morning and applied to receive a new card without the DHS wording, and also for proof I had been there and was allowed to work.

They gave me two papers:

• The first paper said OUR RECORDS INDICATE THAT SOCIAL SECURITY NUMBER *** ** **** IS ASSIGNED TO (ME) and goes on to say THIS PRINTOUT DOES NOT VERIFY YOUR RIGHT TO WORK IN THE UNITED STATES.
• The second paper says YOU CAN USE YOUR SOCIAL SECURITY CARD FOR WORK ONLY IF YOU HAVE AUTHORIZATION FROM THE DEPARTMENT OF HOMELAND SECURITY.

So I returned to my new employer with these documents from SS, but she says I CAN NOT WORK THERE UNTIL MY "REAL" SOCIAL SECURITY CARD COMES. (In 2-3 weeks)

I am so confused.

• Why did the USCIS take my EAD card away if I need it for proof to become employed?
• Isn't my Green Card proof that I am employable?

Is my new boss right - or simply ignorant of the law here? If she is ignorant ofthe law, is there something official that I can show her that the documents I possess are enough for me to continue to work?

Also, while going through the entire immigration process, I proceeded very carefully. I understood that one could get their SS card immediately after receiving their EAD, which I did. If I had it to do over again, I would advise EVERYONE to not apply for SS card until they have their GREEN CARD in hand in order to avoid this happening to them.

[milimelo 4,562]

Please help. I am so upset.

I have had my Green card since June. USCIS took my EAD card during the Green Card approval interview.

Been looking for work since early June, and was finally hired here in South Jersey working at a deli. I worked 4 hours before they called me in to do my I-9.

When I presented my documents for the I-9, (my SS card with the DHS restriction, my GREEN CARD, and a color copy of the EAD card that USCIS took away) the supervisor, who admits they have never hired "a foreigner" before, said she could not accept my SS card with the "DHS approval needed".

So I went to Social Security this morning and applied to receive a new card without the DHS wording, and also for proof I had been there and was allowed to work.

They gave me two papers:

• The first paper said OUR RECORDS INDICATE THAT SOCIAL SECURITY NUMBER *** ** **** IS ASSIGNED TO (ME) and goes on to say THIS PRINTOUT DOES NOT VERIFY YOUR RIGHT TO WORK IN THE UNITED STATES.
• The second paper says YOU CAN USE YOUR SOCIAL SECURITY CARD FOR WORK ONLY IF YOU HAVE AUTHORIZATION FROM THE DEPARTMENT OF HOMELAND SECURITY.

So I returned to my new employer with these documents from SS, but she says I CAN NOT WORK THERE UNTIL MY "REAL" SOCIAL SECURITY CARD COMES. (In 2-3 weeks)

I am so confused.

• Why did the USCIS take my EAD card away if I need it for proof to become employed?
• Isn't my Green Card proof that I am employable?

Is my new boss right - or simply ignorant of the law here? If she is ignorant ofthe law, is there something official that I can show her that the documents I possess are enough for me to continue to work?

Also, while going through the entire immigration process, I proceeded very carefully. I understood that one could get their SS card immediately after receiving their EAD, which I did. If I had it to do over again, I would advise EVERYONE to not apply for SS card until they have their GREEN CARD in hand in order to avoid this happening to them.

If the employer does the e-Verify, she will know you are work authorized. When you get a new SS card, you can use just that and your DL to prove you are allowed to work.

[barbsdesk 0]

Small store. Does not participate in E-verify.

My question is my eligibility to work NOW - not weeks from now. Everything I've read gives me the right to work NOW with my Green card. Is this not correct?

[milimelo 4,562]

Small store. Does not participate in E-verify.

My question is my eligibility to work NOW - not weeks from now. Everything I've read gives me the right to work NOW with my Green card. Is this not correct?

I'd say yes as you have a DHS issued document - Green card and the SSN.

[Harpa Timsah 13,258]

The green Card IS your DHS Work Authorization. The EAD is redundant now.

Tell your employer to re-read and point out that documents in "COLUMN A" on the I-9 BOTH establish identity and authorization to work (just like a US passport). You don't need to show your SS card AT ALL.

read this page 46.

http://www.uscis.gov/files/nativedocuments/m-274.pdf

Note (your employer may have read that SS card with "DHS" wording is not acceptable... which is true without the authorization.... but they need to read further, you don't need that at all when you have the GC).

I am a USC and I just show my passport when getting hired.

Good luck!

Edited September 7, 2010 by Harpa Timsah

[belinda63 3,047]

Your employer needs to read the I-9 instructions including the back of the document which lists the required documents. Number 2 in column A specifically states ALL you need to show is your alien resident card. Look Here. Of course they need a social security number to withhold the social security taxes but this is not required to establish your eligibility to work.

I wish more people would read the form. It clearly states the employer CANNOT specify which pieces of ID they will accept but I can't count the number of times an employer refused to accept anything other than a driver's license and social security card.

[I'm Gone 60]

Your employer needs to read the I-9 instructions including the back of the document which lists the required documents. Number 2 in column A specifically states ALL you need to show is your alien resident card. Look Here. Of course they need a social security number to withhold the social security taxes but this is not required to establish your eligibility to work.

I wish more people would read the form. It clearly states the employer CANNOT specify which pieces of ID they will accept but I can't count the number of times an employer refused to accept anything other than a driver's license and social security card.

The restriction on the SSN card is only there to keep you from using the SSN card as a work authorization document, since up until now you had to provide your EAD card. Now that you are a permanent resident, your Green Card will be your employment authorization, or if you want, your unrestricted SSN card with your driver's license. You have work authorization and an SSN, so you are good to go for work.

[I'm Gone 60]

The green Card IS your DHS Work Authorization. The EAD is redundant now.

Tell your employer to re-read and point out that documents in "COLUMN A" on the I-9 BOTH establish identity and authorization to work (just like a US passport). You don't need to show your SS card AT ALL.

Yes, for work authorization purposes, but there is also tax withholding to considered.

TITLE 26--INTERNAL REVENUE PART 31--EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX

AT SOURCE--Table of Contents Subpart G--Administrative Provisions of Special Application to Employment Taxes Sec. 31.6011(b)-2 Employees' account numbers.

(i) Employee who has account number card. If the employee has been issued an account number card by the Social Security Administration and has the card available, the employee shall show it to the employer.

(2) Additional information to be furnished by employee to employer. Every employee who, on the day on which he is required to comply with paragraph(b)(1)(i), (ii), (iii), or (iv) of this section, has an account number card but for any reason does not show such card to the employer on such day shall promptly thereafter show the card to the employer. An employee who does not have an account number card on such day shall, upon receipt of an account number card from the Social Security Administration, promptly show such card to the employer, if he is still in the employ of that employer.