SSN and working

[david_dawei]

The below comment seems to conflict with what I have researched on CFL concerning the SSN and working.. Seems to suggest that a K1 can work and be paid without a SSN... Getting an employer to believe this may be impossible...

 

 

Delays in Issuing SSNs to Aliens by the Social Security Administration

http://www.irs.gov/businesses/small/intern...=129227,00.html

 

 

There is no federal law administered by any federal agency which prohibits the hiring of a person based solely on the fact that the person does not have a Social Security Number (SSN). Similarly, there is no federal law which prohibits the making of a payment to a person based solely on the fact that the person does not have an SSN.

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Sec. 274a.12 Classes of aliens authorized to accept employment.

 

(a) Aliens authorized incident to status.... (6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to ...

[frank1538]

Assuming the employer is on the "up and up", an I-9 will be required of any employee. The I-9 requires verification of identity and employment eligibility. If a person doesn't have a US passport, foreign passport with an unexpired I-94, EAD, Green Card, I-551 stamp, or a few other documents (all of which verify both identity and employment eligibility), the worker must provide separate documents that verify each. Assuming the worker can verify identity, the documents that can be used to verify employment eligibility are somewhat limited but include a valid social security card. If the worker can't verify eligibility to work, he/she can still work, but the employer may be subject to civil and criminal penalties.

 

For most K-1ers, the foreign passport/I-94 satisfies both requirements, but after the I-94 expires, the employer is supposed to re-verify eligibility. If an EAD has been received, that should be sufficient. However, without the EAD, the most likely verification document will be the social security card.

[mercator]

Assuming the employer is on the "up and up", an I-9 will be required of any employee.  The I-9 requires verification of identity and employment eligibility.  If a person doesn't have a US passport, foreign passport with an unexpired I-94, EAD, Green Card, I-551 stamp, or a few other documents (all of which verify both identity and employment eligibility), the worker must provide separate documents that verify each.  Assuming the worker can verify identity, the documents that can be used to verify employment eligibility are somewhat limited but include a valid social security card.  If the worker can't verify eligibility to work, he/she can still work, but the employer may be subject to civil and criminal penalties.

 

For most K-1ers, the foreign passport/I-94 satisfies both requirements, but after the I-94 expires, the employer is supposed to re-verify eligibility.  If an EAD has been received, that should be sufficient.  However, without the EAD, the most likely verification document will be the social security card.

167753[/snapback]

Up and up being the key, and what we probably all want for our SO's.

 

I say that because some of the crops here are picked my migrant labor, and I am sure a healthy portion of them have no SSN, let alone 'legal' status here in the states.

 

That I-9 primer is great information. I know my SO wants to get to work as soon as she can. She is an industrious woman to say the least.