Social Security Number Delays and Employment Authorization
An individual who has applied for a Social Security Number but is subject to administrative delays by USCIS/SSA may lawfully begin working until he or she receives the SSN, as long as they can produce other documents evincing work eligibility (See Form I-9 for a listing). The following excerpts and supporting documents are provided for further information.
"Do I need to have a number before I start working?We do not require you to have a Social Security number before you start to work, but the Internal Revenue Service requires employers to report wages using the Social Security number. While you wait for your Social Security number, your employer can use a letter from us stating that you applied for a number."
- From Social Security Administration SSA Publication No. 05-10107 - April 2003
In fact, it is an I-9 violation for a US employer to specifically require an SSN prior to the employee starting work.
See also:
"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.
- From "Delays in Issuing SSNs to Aliens by the Social Security Administration"
Further Reading:
Fact_Sheet - Employment_Discrimination
US Dept. Of_Justice - Guide_To_Fair_Employment
Social_Security_Online - Employer_Responsibilities_When_Hiring_Foreign_Workers
Posted by Ashwin Sharma at 4/22/2006 11:39 AM 
Categories: SSN and Driver's License Issurance, I-9 Compliance
Categories: SSN and Driver's License Issurance, I-9 Compliance
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