In the ever-complex world of immigration and employment laws, one common concern is the interplay between work authorization granted by U.S. Citizenship and Immigration Services (USCIS) and the Social Security Number (SSN) issuance process. This issue often arises when an individual with proper work authorization is told by their employer that they cannot start work until they receive their Social Security card. Let’s unravel the legal aspects and clarify the rights and obligations for both employees and employers in such situations.
Understanding Work Authorization and Social Security Numbers
When USCIS approves work authorization for an individual, it signifies that the person is legally permitted to work in the United States. However, the Social Security Administration (SSA) operates separately from USCIS. This separation can result in delays in issuing a Social Security Number or card, even after work authorization has been granted.
Employer Responsibilities Under U.S. Labor and Employment Laws
It is crucial to highlight that employers cannot delay onboarding an employee due to the absence of a Social Security Number. Labor and employment laws require that individuals authorized to work be added to payroll immediately upon presenting acceptable proof of work authorization.
Acceptable Documentation for Employment Eligibility Verification
Under the Immigration Reform and Control Act (IRCA), employers must verify the employment eligibility of all new hires using Form I-9. Acceptable documents are categorized into three lists:
- List A: Documents that establish both identity and employment authorization (e.g., a Permanent Resident Card).
- List B: Documents that establish identity (e.g., a driver’s license).
- List C: Documents that establish employment authorization (e.g., a Social Security card).
If an individual presents a valid List A document, employers are prohibited from requesting additional documentation, including a Social Security card, unless the company participates in the E-Verify program, which requires additional verification steps.
Common Missteps and How to Address Them
Human Resource (HR) managers and payroll systems often create roadblocks due to misunderstanding the legal requirements. For instance, some payroll companies or HR software systems might require an SSN before onboarding an employee. However, this practice is inconsistent with labor laws.
If an individual lacks an SSN at the time of hire, the employer can create a placeholder or “dummy” number in the payroll system. Once the employee obtains their SSN, the employer must update the records accordingly. This ensures compliance with employment laws while accommodating the SSA’s processing delays.
The Bottom Line for Employees and Employers
Employees:
- If you have work authorization but do not yet have an SSN, you can and must be allowed to start work.
- Ensure you promptly apply for an SSN and provide the details to your employer once received.
Employers:
- Do not withhold employment from an authorized worker due to the absence of an SSN.
- Familiarize your HR team with Form I-9 requirements and the nuances of employment verification.
By fostering a clear understanding of these regulations, both employers and employees can ensure compliance with U.S. immigration and labor laws. For further guidance on this or any other immigration-related matter, contact the NPZ Law Group at visaserve.com or call (201) 670-0006. Our experienced team is here to help navigate the complexities of immigration law with confidence.