July 19, 2002

Social Security Administration and INS Acting As a Team to Reduce Fraud

In the July edition of the GT Observer, we reported the Social Security Administration’s (SSA) increased vigilance in sending "No Match" letters to employers regarding the social security numbers provided to the SSA by employers. These letters notify employers that Social Security numbers they provided to the SSA for specific individuals do not match the name in the SSA’s data base. While it can happen for any number of reasons, including innocuous name changes, misspellings, etc., the letters reflect an increased enforcement effort on those who work using an invalid or incorrect social security number, in particular those without work authorization in the US.

Now the SSA may be making plans to initiate an electronic verification process with the INS to verify immigration documents before issuing social security numbers and cards. According to an AP report of statements made by James B. Lockhart III, Deputy Commissioner of the Social Security Administration, prior to this new process, the SSA could not verify immigration documents or the visa status of non-citizens because no system was available to do so within a reasonable amount of time.

According to the AP report, Commissioner Lockhart stated that in June, the SSA started verifying birth records of individuals born in the U.S. over age 1 who were applying for a Social Security number. In addition, the administration is implementing a system that will assign Social Security numbers to new immigrants when the State Department approves an immigrant visa at the U.S. consulate or embassy abroad. The SSA’s goal is to make it more difficult to obtain valid social security numbers with fraudulent documentation.

However, at a recent meeting at the U.S. Chamber attended by GT attorneys, an SSA administrator stated that what the SSA is working toward with INS is actually a system to streamline the issuance of social security numbers in tandem with the work authorization or visa benefit, much like the agency now works with hospitals to issue social security numbers to newborns. This, however, contradicts what has been reported with regard to the verification of immigration status, and the final implementation remains unclear. We will provide updates as they occur.

At this time, to obtain a social security number the following is required:

At least two documents as evidence of your age, identity, and U.S. citizenship or lawful alien status.

1. Age: The SSA prefers to see the birth certificate. Other documents can be accepted, such as a religious record made before 3 months of age. If you were born outside the U.S., your passport will be accepted.
2. Identity: The SSA must see a document in the name you want shown on the card. The identity document must be of recent issuance so that the SSA can determine your continued existence. A birth certificate or hospital birth record is not acceptable. Acceptable documents include:
   • Driver's license
   • Marriage or divorce record
   • Military records
   • Employer ID card
   • Adoption record
   • Life insurance policy
   • Passport
   • Health Insurance card (not a Medicare card)
   • School ID card
3. U.S. Citizenship: Most documents that show you were born in the U.S. are acceptable. If you are a U.S. citizen born outside the U.S., show a U.S. consular report of birth, a U.S. passport, a Certificate of Citizenship, or a Certificate of Naturalization
4. Alien Status: Need to provide an unexpired document issued to you by the U.S. Immigration and Naturalization Service (INS), such as Form I-551, I-94, I-688B, or I-766. The SSA CANNOT accept a receipt showing you applied for the document. If you are not authorized to work in the U.S., the SSA can issue a Social Security card if you are lawfully here and need the number for a valid nonwork reason. Your card will be marked to show you cannot work. If you do work, the SSA will notify INS. Acceptable nonwork reasons are:
   • a Federal statute or regulation requires that the alien provide his/her SSN to get the particular benefit or service; or
   • a State or local law requires the alien to provide his/her SSN to get general assistance benefits to which the alien has established entitlement.

For more information on applying for social security numbers and cards please contact the GT Business Immigration group or refer to the SSA’s official website at http://www.ssa.gov.