Any immigrant coming to the United States must apply for a social security number if he or she will be working. Other types of immigrants are generally prohibited from receiving a social security number, and don’t need to apply for one. If you’re unsure about whether or not you need to do so, speak with your immigration lawyer.

Why is a Social Security Number Needed?

Social Security is an insurance program funded with payroll taxes. If you are working in the United States, you are helping to fund the program, and are therefore eligible for benefits. Without it, your contributions couldn’t be tracked, though, and it would be impossible to provide any benefits under the system. Your social security number is needed for a number of other reasons, though, but primarily as a form of identification. Employers, hospitals, the IRS, banks, and many other institutions use it for this purpose.

Requirements for Applying for a Social Security Number

Several documents are needed when applying for a social security number, including:

1.       A completed application for a social security number (Form SS-5)

2.       Documents proving your immigration status and work eligibility

3.       Documents verifying your age and identity

All of these documents must be original, complete, and handed in at your nearest Social Security office. Once the application is approved and verified with the Department of Homeland Security, your card will be mailed to you. You can check on the status of your application in by contacting your local office in person or over the phone.

Form DS-230 includes a question that may result in the issuance of your social security number and card, but only if you answered it affirmatively. If you haven’t submitted this form yet, or aren’t sure if you answered the question affirmatively, speak to your immigration lawyer for clarification.

Seeking Employment before Your Social Security Number is Issued

The process for issuing a social security number to an immigrant can prove rather lengthy. To prevent your search for employment while your application is pending, you can request your local Social Security office to submit SSA-7028 to your employer. This form serves as verification that you’ve applied for your social security number, and will allow the application process to proceed, but does not guarantee employment.

Speak to an Immigration Lawyer in These Circumstances

There are a few situations that may prevent you from having a social security number issued. For instance, if you received yours in the past, you won’t be able to apply for another. Instead, you’ll need to work with your immigration lawyer to file the proper documents at your local office to have a new card issued with the same number.

Additionally, immigrants with an expiring I-94 may be ineligible for application. Typically, if your I-94 will expire within 14 days, your application will be rejected. There are some exceptions to this rule, though. If you’re not sure whether or not the current status of your I-94 will prevent you from having a social security number issued, you should speak with your immigration lawyer promptly.