For several years, the Social Security Administration would issue Social Security Numbers to a foreign national if he/she could demonstrate that he/she was in the country legally. The issuance of the SSN would allow a foreign national to purchase a car or open a bank account in the United States. The SSN was a "nonworking" number. In other words, the Social Security card contained a statement which indicated that the card was not for employment unless accompanied by INS authorization. Approximately one year ago, SSA changed its policy, and will not issue SSNs to foreign nationals without employment authorization. Thus, a foreign national who legally enters this country can no longer obtain a SSN.
We have seen the following situations: 1) A foreign national is in the United States with authorization for employment. He/she obtains a SSN. However, his/her spouse and dependents may not be able to receive a SSN. The spouse and children cannot obtain driver's licenses without SSNs. The accountant informs the principal alien that in order to declare the dependents, he/she needs SSNs. The IRS was particularly stringent about this requirement this year. 2) An international business person enters the United States frequently with a temporary business visitor's visa to monitor investments.
His/her activities are permitted by the INS. However, he/she cannot obtain a SSN. Thus, he/she cannot open a personal bank account.
How can a foreign national obtain a SSN? The SSA's policy is to issue SSNs to foreign nationals who present a letter from a specific government agency asking SSA to issue a SSN so that the foreign national can receive certain benefits or rights. For example, once a foreign national has completed all necessary testing and application requirements a driver's license, the Texas Department of Public Safety will give the applicant a letter addressed to the SSA indicating that the individual has met the requirements to be eligible for a Texas driver's license except for the SSN requirement. The applicant must then present this letter to the SSA along with any immigration documentation they require. The SSA will determine if the person is eligible for a nonworking SSN. If eligible, the person will be issued a SSN and proper documentation. According to the SSA, this process will take between 5 and 7 days.
Recent federal legislation creates new standards for state issued driver's licenses and comparable identification documents. ,IRIRA will essentially require all applicants for driver's licenses and comparable identification to submit their SSNs to the state. The state will then be required to verify the validity of the SSN with the SSA. The effective date of enactment is October 1, 2000.