Bagger

Hi all,

I arrived in LA at the weekend on a CR-1 and have been pretty proactive in sorting out a job. As a result, I have an offer on the table following interviews yesterday.

It's for a small company so I am looking to give them the relevant information about employing me before my SSN arrives as they have not experienced this situation before.

I'm aware that the I-551 in my passport serves as employment authorization, so I'll be sending them the below to read:

http://www.uscis.gov/USCIS/About%20U...horization.pdf

However, I'm also looking for something to show them that they can employ me before I can supply my SSN. I found the below post that hints of some resources, but couldn't find anything myself:

http://britishexpats.com/forum/showp...93&postcount=6

Can someone point me in the direction of some official information I can point my prospective employer towards?

Many thanks.

sir_eccles

I can't remember where I saw it but I'm pretty sure most HR people can put in 000-00-0000 until your real SSN turns up.

Noorah101

Try www.irs.gov.

That said, I don't think you should have to be the one to research this for them. It's their responsibility.

Rene

jeffreyhy

The last time I looked, which was before USCIS updated I-9, the M-274 Handbook for Employers said that an employer can hire an employee prior to the person having a SS card in hand if the person can demonstrate that the SS card had been applied for. I forget how many days the person had to produce the card, it might have been 60?

Anyway, check the current M-274 to see what the current requirement is.

Regards, JEff

Michael

An employer can hire and pay an individual who does not have a social security number (SSN). There is no federal law administered by any federal agency which prohibits the hiring of an individual based solely on the fact that the individual does not have a social security number. Similarly, there is no federal law which prohibits making payments to an individual based solely on the fact that the individual does not have an SSN.

https://www.cusys.edu/pbs/payroll/gr...card-delay.pdf

Process to Centrally Assign a Temporary Identification Number for Payroll Purposes

1. Upon employment by the University, an employee must apply for an SSN as soon as possible. However, if this is the person’s first time in the United States as an F1/J1/H1/O1/TN visa holder, he or she should wait for 10-14 days after arrival in the US before visiting a Social Security Administration office, to ensure that the Social Security Administration can access his or her entry information in SAVE.

2. An employee who does not have an SSN after 30 days of employment must submit a copy of the letter received when the SSN application process is initiated to PBS. This will begin the process to establish a temporary identification number.

3. PBS will require that the individual sign a document stating that if a valid SSN is not obtained within an 8-week period, he/she acknowledges the position effectively may be terminated. (PBS may place the individual on short work break, stopping pay.)
• PBS staff will work with the International Student and Scholar Services Office (ISSS) or its equivalent on each campus to inform them of individuals whose HR status is pending termination. In circumstances where the employee has encountered a long delay in obtaining a social security number, ISSS will begin a dialog with the PBS regarding a possible extension to the eight-week period.
• Note: Placing the individual on short work break does not discontinue their benefits and employer contribution to benefits plans. This remains a policy question for the institution.

4. PBS will assign the temporary identification number for HR/payroll activities, to be used in the Human Resources Management System (HRMS). The individual who receives a temporary identification number will receive documentation of the number, and should provide it to his or her departmental payroll liaison. A numbering sequence will be established so that these temporary identification numbers can be readily identified for later follow-up and cleanup.

5. The departmental payroll liaison will enter appointment data in the payroll system using the temporary identification number.

6. A Form W-4, Employee's Withholding Allowance Certificate, must be submitted by the employee to the University as the employer. A Form W-4 that does not report the employee’s SSN is an invalid Form W-4 per federal tax regulations. Therefore, for employees with no SSN, the employer is required to withhold on the employee’s wages at the rate of single filing status with zero personal exemptions. Withholding at that rate must continue until the employee submits a properly completed Form W-4 (i.e., with his or her SSN).

Normally companies such as ADP that handle payroll for companies have a system in place to handle empoyees without SSNs.

hoffage123

All the advice above is good, but just wanted to say congrats on 'bagging' a job so soon Bagger

Bagger

Thanks for the suggestions all.

Rene, while in theory I completely support your point of view, ultimately I want the job and I'm more than happy to make it easier for my employer to dot the Is and cross the Ts.

I've been taking a look through M-274 Handbook for Employers (here: http://www.uscis.gov/files/form/m-274.pdf) and am struggling to find the killer line or section which shows this (perhaps it is not present any more).

Would anyone be so kind as to confirm my findings, or point out something I have missed?

Noorah101

That handbook looks like it only deals with the I-9 form. You need something different which says they can hire you before you obtain a SSN. Let me see if I can help you find something.

Rene

Noorah101

How about this:

http://www.socialsecurity.gov/employer/critical.htm

Scroll all the way down to the bottom of the link above.

"Specifications for Filing Forms W-2 and W-2c Electronically (EFW2/EFW2C)
If you still do not have an SSN when your Form W-2 report is due, complete the SSN field by entering all zeros in locations 3 through 11 of the Code RW, Employee Wage Record. The paper Forms W-2 you give to employees also may have all zeros in block d, Employee SSN."

Rene

Bagger

Rene, thanks so much for finding this for me.

The good news is the prospective employer has now figured out how they can pay me without the SSN.

I start this time next week.