Working with a Social Security Number

[RMC2000 2]

When my fiance went through POE, he received a piece of paper saying he should receive his SSN card in the mail within 3 weeks if we checked the appropriate box on the visa form. He didnt' receive it and when I made some inquiries I received an email from the Social Security Administration that basically says he's not eligible to receive it automatically but is eligible if he applies for it in person.

The email and the corresponding explanations also seem to indicate that he can in fact work with only a SSN. I don't know if the law has changed or I am missing something: Here's the website:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420 (see Section G 1.)

Does anyone know if this is the case? My fiance will go to the SSN office on Monday and maybe we'll learn more then.

Here's the relevant info:

G. Policy for employment authorization by Class of Admission (COA)

The following policies apply to employment authorization by COA.

1. Aliens employment-authorized without specific DHS authorization

The following chart lists, by COA code, non-immigrants authorized to work in the U.S. without specific authorization from DHS. The alien’s I-94 showing one of the following COAs has employment authorization unless otherwise noted. The I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

The visa of the principal alien generally shows the basis for the visa, e.g. “treaty trader” or an employer’s name, while the visa of a spouse or child may show an annotation that the person is a “dependent of the p.a.” (p.a. means principal alien).

For COAs displaying an asterisk (*), the principal alien, spouse, and child all have the same classification code.

In some instances, the husband and wife are principal aliens when the classification is E-1 and E-2.

When all family members have the same COA, ask the SSN applicant if he or she is the family member who is the principal alien, spouse, or the child of the principal alien.

For COAs displaying a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization.

When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he or she must submit, in addition to evidence of lawful alien status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document. The marriage document must indicate the marriage occurred, either: 1) prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant; or, 2) prior to extension or change of status to an E-1, E-2 or L-2 non-immigrant.

NOTE: Although aliens listed under a COA in this section are employment authorized without specific DHS authorization, employers may still ask for an EAD before the alien can start working.

Class of Admission

Description

A-1*

Ambassador, public minister, career diplomat, or consular officer (principal).

A-2*

Other foreign government official or employee (principal).

A-3*

Attendant, servant, or personal employee of principal A-1, or A-2 (principal).

E-1*

Treaty trader (principal).

E-1**

Spouse of principal E-1.

The alien must submit either:

an EAD (Form I-766) showing “A-17” under Category; or

evidence other than an EAD that proves the E-1’s lawful alien status (e.g., I-94) and a marriage document as evidence that he or she is the spouse of the principal E-1 alien.

E-2*

Treaty investor (principal)

E-2**

Spouse of principal E-2.

The alien must submit either:

an EAD (Form I-766) showing “A-17” under Category; or

evidence other than an EAD that proves the E-2’s lawful alien status (e.g., I-94) and a marriage document as evidence that he or she is spouse of the principal E-2 alien.

E-3*

Treaty trader in a specialty occupation.

F-1

Academic student for on-campus employment and DSO-authorized curricular practical training. See RM 10211.240.

F-3

Canadian or Mexican national academic student who commutes to school in the U.S. – for DSO authorized curricular practical training. See RM 10211.270.

G-1*

Resident representative of recognized foreign member government to an international organization (principal).

G-2*

Other temporary representative of recognized foreign member government to an international organization (principal).

G-3*

Representative of unrecognized or nonmember foreign government to an international organization (principal).

G-4*

Representative of international organization (officer or employee) (principal).

G-5*

Attendant, servant, or personal employee of principal G-1, G-2, G-3, or G-4.

H-1B

Worker in a specialty occupation.

H-1B1

Temporary worker in a specialty occupation.

H-1C

Registered nurse.

H-2A

Agricultural worker.

H-2B

Non-agrarian seasonal worker.

H-2R

Returning H-2B worker (worker was previously admitted as H-2B, left the U.S. temporarily and is returning to the U.S).

H-3

Trainee.

I*

Foreign information media representative (principal).

J-1

Exchange visitor (pursuant to an approved program). See RM 10211.340. An exchange visitor whose DS-2019 shows the category as “student,” “student intern,” or “international visitor” in item 4 of the form must provide a letter from the program sponsor as evidence of authority to work. Otherwise, presume the employment authorization is part of the J-1’s exchange program.

K-1

Fiancé(e) of U.S. citizen.

L-1

Intra-company transferee.

L-1A

Intra-company Transferee Managers and Executives.

L-1B

Intra-company Transferee Specialized Knowledge.

L-2**

Spouse of an intra-company transferee.

The alien must submit either:

an EAD (Form I-766) showing “A-18” under Category; or

evidence other than an EAD that proves the L-2’s lawful alien status (e.g., I-94) and a marriage document as evidence that he or she is the spouse of the principal L-1 alien.

NATO-1 through 6*

NATO officer, representative, or personnel (principal).

NATO-7*

Attendant, servant, or personal employee of principal NATO-1 through 6 (principal).

O-1

Alien with extraordinary ability in sciences, arts, education, business, or athletics.

O-2

Alien accompanying O-1.

P-1

Internationally recognized athlete or entertainer in an internationally recognized group.

P-2

Artist or entertainer in an exchange program.

P-3

Artist or entertainer in a culturally unique program.

Q-1

Cultural exchange visitor.

Q-2

Irish Peace Process Cultural and Training Program Visitor.

R-1

Religious worker with a nonprofit religious organization.

TC

Professional business person, United States-Canada Free Trade Act (FTA).

TN

Professional business person from Canada or Mexico, North American Free Trade Agreement (NAFTA).

TN-1

Professional business person from Canada, North American Free Trade Agreement (NAFTA).

TN-2

Professional business person from Mexico, North American Free Trade Agreement (NAFTA).

Refugee

Alien admitted pursuant to section 207 of the Immigration and Nationality Act (INA).

The I-766 shows “A-3” under Category.

Asylee

Asylee under 208 of the INA.

The I-766 shows “A-5” under Category.

[milimelo 4,477]

Moving to Working and Traveling during US Immigration.

[Inky 1,110]

only spousal visas get the ssn in the mail after entry if they checked the box.

K-1 have to apply 2 weeks after entry at the ssn office for their ssn.

[Deputy Purple 1,294]

And K-1 are not authorized to work without EAD. If you apply for EAD prior to AOS the EAD will expire with your I-94 so it's useless.

[I'm Gone 60]

That is just SSA policy for assigning the SSN. For SSN purposes SSA considers someone with K-1 status work authorized. USCIS determines who can work in the U.S.

[VanessaTony 3,567]

There's a difference between "work authorised" and able to work.

A k1 visa is eligible for an EAD (it's $300+ and only valid till your I-94 expires). A visitor visa is not eligible for an EAD. Therefore, a K1 can get a SSN, a visitor visa cannot.

A K1 entrant cannot work without and EAD card (some peopel get a stamp at some POE's and that is NOT permission to work). When you apply to work you should complete an I-9 form. You can download the form online (from the USCIS site) and you will see that as just a K1 you won't have the necessary paperwork to successfully complete that form.

So. No. Cannot work until you file AOS and EAD (and AP) and get the EAD.

[RMC2000 2]

Ok. Thanks everyone. We went to the Social Security office yesterday. First they said he couldn't get a card and then upon further review of their policies they said he could and we should receive one in about 2 weeks. I understand that he can't work per USCIS. It's just frustrating that the two agencies aren't a little more consistent with their policies.

[NigeriaorBust 4,087]

They have different jobs they are doing. The SS office is issuing you a unique identifier that tracks your lifetime earnings for possible future benefits. USCIS is processing immigrants and issuing document that certify said immigrant has the right to work in the US. Different jobs different rules. I wouldn't make a baby sitter wear a hard hat, even though in my family they should.