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If got EAD do you need Social security card

#1 tenika

tenika

    Senior Member

  • PipPipPipPipPip


Posted 12 April 2010 - 01:17 PM

I was told that EAD card is all you need to work, but I know employers ask for a social security number. Is the EAD really all that is needed to work. Do employers know that this is all that is needed.
  • 0
2/1/2010- AOS , EAD. AP Mailed via USPS priority mail
2/3/2010- Received - via USPS delivery tracking
2/9/2010- Check Cashed
2/9/2010- NOA 1 Received for 131, 765, 485
2/17/2010- Received letter for biometrics
2/19/2010- Completed biometrics via early "walk in'
2/22/2010- Touched on I-765, 48
2/24/2010- Case transferred to CSC
4/2/2010 Card Production Ordered for I-765, AP touched (Yea!!)
4/8/10- Approval notice for I-765 sent via email/ AP touched
4/10/2010 Received AP.
4/12/10 Received EAD-
7/6/10 Contacted USCIS because now Outside normal processing time
7/23/10 Got RFE asking for proof of legitimate marriage- 1page and 1/4 of proofs
8/23/10 sent off RFE response via Expressmail
8/24/10 Received by CSC
9/2/10 Email from USCIS- Card Production Ordered

#2 Otto

Otto

    Iridium Member



Posted 12 April 2010 - 01:20 PM

I was told that EAD card is all you need to work, but I know employers ask for a social security number. Is the EAD really all that is needed to work. Do employers know that this is all that is needed.

The EAD is not all that is needed.

Employers in the US must complete an I-9 for each employee - to do so, the EAD and SS combined would be enough.

See http://www.uscis.gov...es/form/i-9.pdf
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#3 I'm Gone

I'm Gone

    Semi-retired



Posted 12 April 2010 - 01:41 PM

You would need the EAD card and have at least applied for an SSN.

You may also wish to review “Employer Responsibilities When Hiring Foreign Workers,” that can be found on the SSA Web site:

http://www.ssa.gov/employer/hiring.htm

You can find additional SSN and employment information on the IRS Web site:

http://www.irs.gov/b...=129227,00.html
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#4 I'm Gone

I'm Gone

    Semi-retired



Posted 12 April 2010 - 01:45 PM

You would need the EAD card and have at least applied for an SSN.

You may also wish to review “Employer Responsibilities When Hiring Foreign Workers,” that can be found on the SSA Web site:

http://www.ssa.gov/employer/hiring.htm

You can find additional SSN and employment information on the IRS Web site:

http://www.irs.gov/b...=129227,00.html


For some reason the IRS link doesn't posted correctly, so I will paste the info from the IRS Web site"

Delays in Issuing SSNs to Aliens by the Social Security Administration

Sometimes aliens experience significant delays in obtaining social security numbers. The consequences of these delays are discussed below.

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.

However, there are federal laws and regulations which require the reporting of a payee's TIN (Taxpayer Identification Number--SSN or ITIN) on federal information returns and payee statements such as forms W-2, 1099, 1042-S, etc. In addition, federal regulations require (with a few exceptions) that all tax treaty claims made on Forms 8233, W-8BEN, or W-9 be accompanied by the beneficial owner's TIN.

The IRS is quite aware of the Social Security Administration's procedures effective since 09-30-2002 about not issuing an SSN to any alien for whom it cannot confirm his identity and immigration status from the USCIS (United States Citizenship and Immigration Services—formerly the INS). In addition, the IRS is quite aware of the potential delays in securing an SSN which these procedures may cause some aliens. Furthermore, in the situation in which an alien is work-authorized under the immigration law and has met the Social Security Administration's evidence requirements for an SSN, but who is experiencing delays in securing an SSN caused by the SSA's procedures, the IRS will not generally issue an ITIN (Individual Taxpayer Identification Number) to such an alien.

With respect to IRS penalties related to the payer's failure to furnish a payee TIN on an information return and on a payee statement, the fact that the payer does not have a payee TIN to report solely because the SSA is delaying an issuance of an SSN, or cannot issue an SSN, to a work-authorized alien because of its procedures, will cause the IRS to be quite favorable toward considering this situation one in which "reasonable cause" exists for not asserting such penalties. The payer should keep documentation to show that his failure to supply a payee TIN on Form W-2 or Form 1099 or Form 1042-S is caused solely by the SSA's procedures for issuing SSN's to aliens.

Any withholding agent (with certain exceptions) who receives a Form 8233, W-8BEN, or W-9 without a payee TIN for the purpose of claiming a tax treaty benefit is not allowed to grant such tax treaty benefit until he receives a proper Form 8233, W-8BEN, or W-9 which does report the payee's TIN. However, a form 8233 or W-8BEN without a payee TIN is still valid for the purpose of declaring that the payee is a foreign person, subject to the withholding and reporting rules which apply to payments made to foreign persons.

The IRS cannot speak to the issue of potential penalties which could be imposed by other federal, state, or local agencies for the failure of an employer or payer to report a payee's TIN on any required documents, except to note that the filing of the immigration Form I-9 without an SSN does not constitute grounds, in and of itself, to reject the validity of the Form I-9. If an alien employee can prove his work-eligibility with documents listed on Form I-9 other than a U.S. social security card, then the alien's Form I-9, even though submitted without an SSN, is valid under the immigration law.
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#5 Chriz

Chriz

    Junior Member

  • PipPip


Posted 12 April 2010 - 02:06 PM

Social Security Card is your identity in the states. When applying for a job, any employer will ask for ur social security number. The EAD alone is not enough.
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#6 tenika

tenika

    Senior Member

  • PipPipPipPipPip


Posted 12 April 2010 - 02:50 PM

Social Security Card is your identity in the states. When applying for a job, any employer will ask for ur social security number. The EAD alone is not enough.


Thanks for all the help
  • 0
2/1/2010- AOS , EAD. AP Mailed via USPS priority mail
2/3/2010- Received - via USPS delivery tracking
2/9/2010- Check Cashed
2/9/2010- NOA 1 Received for 131, 765, 485
2/17/2010- Received letter for biometrics
2/19/2010- Completed biometrics via early "walk in'
2/22/2010- Touched on I-765, 48
2/24/2010- Case transferred to CSC
4/2/2010 Card Production Ordered for I-765, AP touched (Yea!!)
4/8/10- Approval notice for I-765 sent via email/ AP touched
4/10/2010 Received AP.
4/12/10 Received EAD-
7/6/10 Contacted USCIS because now Outside normal processing time
7/23/10 Got RFE asking for proof of legitimate marriage- 1page and 1/4 of proofs
8/23/10 sent off RFE response via Expressmail
8/24/10 Received by CSC
9/2/10 Email from USCIS- Card Production Ordered

#7 MRStee

MRStee

    Super Star Member



Posted 12 April 2010 - 03:11 PM

Thanks for all the help



You are a K-1, you couldve applied for it two weeks after his arrival...
  • 0

#8 I'm Gone

I'm Gone

    Semi-retired



Posted 12 April 2010 - 03:29 PM

Social Security Card is your identity in the states. When applying for a job, any employer will ask for ur social security number. The EAD alone is not enough.


A SSN card is not an identity card. Even for a U.S. citizen a driver's license needs to be provided as ID along with the unrestricted SSN card when completing Form I-9. Your SSN might identify for example a bank account as belonging to you, but I'm sure the bank isn't going to cash a check with you only showing your SSN card.
  • 0

#9 w8inglongtime

w8inglongtime

    Gold Member

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Posted 15 April 2010 - 12:51 PM

A SSN card is not an identity card. Even for a U.S. citizen a driver's license needs to be provided as ID along with the unrestricted SSN card when completing Form I-9. Your SSN might identify for example a bank account as belonging to you, but I'm sure the bank isn't going to cash a check with you only showing your SSN card.




@ I Quit

Chriz said the SSN is your identity in the states and he/she is right. He/she did not say it's an identity card. A social security number besides a birth certificate is the only way to establish IDENTITY in the states. When people say they are victims of identity theft, 99% of the time they mean someone got a hold of their SSN #. So Chriz was right in saying your SSN is your identity. An identity is created for you from the day a SSN is generated for you. That number tells the government who you are untill the day you die.
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#10 Rebecca Jo

Rebecca Jo

    logic and proportion are dead



Posted 15 April 2010 - 02:05 PM

@ I Quit

Chriz said the SSN is your identity in the states and he/she is right. He/she did not say it's an identity card. A social security number besides a birth certificate is the only way to establish IDENTITY in the states. When people say they are victims of identity theft, 99% of the time they mean someone got a hold of their SSN #. So Chriz was right in saying your SSN is your identity. An identity is created for you from the day a SSN is generated for you. That number tells the government who you are untill the day you die.


No, it's not your US 'identity'.

It's a number you must give your employer so they can pay into the Social Security trust for your future retirement benefits.

The only reason a thief can "steal your identity" is when your Social Security number is connected to bank accounts, etc. When the SS Administration was established, the number was never meant to be used in the manner it is today in US business.

Social Security Card is your identity in the states. When applying for a job, any employer will ask for ur social security number. The EAD alone is not enough.


An employer does not ask for this number to prove your identity. They ask for it so they can pay monies into the Social Security trust for your benefit.
  • 0

#11 I'm Gone

I'm Gone

    Semi-retired



Posted 15 April 2010 - 02:05 PM

@ I Quit

Chriz said the SSN is your identity in the states and he/she is right. He/she did not say it's an identity card. A social security number besides a birth certificate is the only way to establish IDENTITY in the states. When people say they are victims of identity theft, 99% of the time they mean someone got a hold of their SSN #. So Chriz was right in saying your SSN is your identity. An identity is created for you from the day a SSN is generated for you. That number tells the government who you are untill the day you die.


"Social Security Card is your identity in the states" is what was posted, not your SSN is your identity.
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