Changes in the Social Security Policy

FEB 13, 1996

American Immigration Lawyers Association
1400 I. St., N.W., Suite 1200
Washington, D.C. 20005

Attn: Mr. Howard Gordon

Dear Mr. Gordon:

As a community member serving the needs of individuals who may be asked to provide their Social Security number (SSN) to access or receive services, you should be aware of a change in Social Security's policy. The Social Security Administration will generally not assign SSNs to aliens in this country who are not authorized to work. We would like to enlist your help in assisting those individuals in understanding the reasons for the change.

For many years, Social Security assigned nonwork SSNs to lawfully admitted aliens without work authorization when they had "valid reasons" for needing the number. Because the term "valid reason" lends itself to different interpretations, Social Security is clarifying its SSN issuance policy. The new policy will permit the issuance of a nonwork SSN only when a Federal, State, or local statute or regulation, in accordance with Federal authorization, requires the alien to have an SSN to obtain a benefit or service. This new policy will soon be implemented nationwide.

Because many affected individuals will not be aware of this new policy before coming to you and your colleagues for assistance or service, we hope that you will share this information in any way possible. For financial needs, most individuals who are not U.S. citizens or resident aliens can complete the Internal Revenue Service (IRS) Form W-8, Certificate of Foreign Status. This form allows IRS to assign an alien a taxpayer identification number (TIN) for tax reporting purposes. For purposes other than those that can be addressed by the W-8 procedure and an IRS TIN, SSA will assign a nonwork SSN when the alien provides documentation verifying that he or she has applied for a service or benefit and is entitled to that benefit or service except for having an SSN.

We have enclosed the SSA factsheet that explains this policy change. A copy of this information can be obtained by anyone upon request at local Social Security offices and should be helpful in answering any questions that you or your customers may have.

We are very interested in working with you to get information to your members and getting your suggestions regarding this effort. Please contact Kay Bernstein, Office of Program Benefits Policy at 410/965- 7912, or FAX 410/966-9214, if you have questions or comments.

Sandy Crank
Associate Commissioner
Office of Program Benefits Policy

Attachment:

SOCIAL SECURITY

Aliens - When You Need a Social Security Number and When You Don’t

When An Alien Needs A Social Security Number

If you are an alien with Immigration and Naturalization Service (INS) permission to work in the U.S., you need a Social Security number. Also, if you are an alien who may not work, and are living in the U.S., federal laws require you to have a Social Security number to--

be claimed as a dependent on a tax return,

or

enlist in the U.S. military service. The Social Security number is used as you military service number.

You May be Required to have A Social Security Number For Other Reasons

State and local laws, conforming with federal law, may require you to give a Social Security number - even if you don’t have permission to work. The Social Security Act permits state and local governments to use the Social Security number to administer laws related to -

taxes,

general public assistance,

driver’s license, or

registration of motor vehicles.

How Do You Get A Social Security Number?

If you have permission to work, bring your INS documents to a Social Security office when you apply for your Social Security number. If you don’t have permission to work, but still need a Social Security number, you must-

Call Social Security to make an appointment to apply for a number

Provide a letter from the government agency requiring you to get a Social Security number, on letterhead stationary (no form letters or photocopies). The letter must specially identify you as the applicant, cite the law requiring you to have a Social Security number, and indicate that you meet all the agency’s requirements except having the Social Security number, and

Provide original documents showing your age, identity and lawful alien status.

If you are issued a Social Security number for nonwork purposes, you can’t use it to work. If you use it to work, the Social Security Administration may inform INS.

Are You A Dependent?

As a dependent, you can get a Social Security number by proving-

the taxpayer upon whom you’re depending actually works in the U.S.

your relationship to the taxpayer; and

you have resided in the U.S. for at least 18 3 days of the tax year.

A dependent can be the child, stepchild, adopted or foster child, parent or in-law, grandparent, bother and sister of the taxpayer. A spouse is never considered a dependent for tax purposes.

A Spouse or nonworking alien with income such as interest, investments, or rental property is provided a Taxpayer Identification Number (TIN) by IRS when a tax return is filed. You don’t need a Social Security number.

What Can You Get Without A Social Security Number?

As an alien, you can obtain many benefits and services without having a Social Security number, even though you are asked to give one. You don’t need a Social Security number to-

purchase saving bonds. An alien may be designated a co-owner or beneficiary without a Social Security number.

conduct business with a bank or financial institution. Ask for IRS form W-8, Certificate of Foreign Status. The following aliens and immediate family members don’t need Social Security numbers for banking or monetary transactions

-Ambassadors, ministers, career diplomatic or consular officers.

-Naval, military or other attaches of foreign embassies and legations.

-Accredited representatives of organizations that qualify under the International Organization Immunities Act.

-Students attending recognized post-secondary schools or any training programs conducted by a federal agency.

If your alien classification isn’t listed you can get a Social Security number if you have lived in the U.S. more than 180 days.

Members of your family don’t need a Social Security number to-

register for school. Schools aren’t authorized to use the Social Security number to administer educational programs and will assign internal numbers. A student applying for the SAT, GRE, and other educational tests doesn’t need a Social Security number to take the test.

report group health insurance coverage. Employers aren’t required to report Social Security numbers for alien family member who are covered by group health plans but don’t have Social Security numbers.

apply for school lunch programs. The parent applying for free or reduced-price lunch for the child(ren) can use his/her own number or should get a letter from Social Security stating no Social Security number will be assigned.

apply for HUD housing. Family members age 6 and older must give a Social Security number or get a letter from the Social Security Administration stating no Social Security number will be assigned.

Alien visitors aren’t eligible for student loans, food stamps, AFDC, Medicaid and commercial driver’s licenses. Also, federal law does not permit states to use the Social Security number to issue non-driver identification cards.

For More Information

You can get more information 24 hours a day by calling Social Security’s toll-free number, 1-800-772-1213. You can call for an appointment or to speak to a service representative between the hours of 7 a.m. and 7 p.m. on business days. Our lines are busiest early in the week and early in the month so, if your business can wait, it’s best to call at other times.

People who are deaf or hard of hearing may call toll-free “TTY” number 1-800-325-0778, between 7 a.m. and 7 p.m. on business days.

The Social Security Administration treats all calls confidentially- whether they’re mad to our toll-free numbers or to one of our local offices. We also want to make sure that you receive accurate and courteous service. That’s why we have a second Social Security representative monitor some incoming and outgoing telephones calls.