Certain foreign nationals inside the United States on non-immigrant visas are authorized to work because of their status, while others are only authorized to work for an identified employer. We discuss how to obtain a social security number (SSN) if you have valid work authorization either through employment or because of your status.
How do I prove my employment authorization?
The following is a list of documents accepted by the Social Security Administration (SSA) as proof of non-immigrant employment authorization:
- CBP Form I-94 Arrival/Departure Record – Your admission stamp is on either your I-94 admission record or in your unexpired passport that shows a class of admission (COA) that has employment authorization attached. If you extended your status while remaining inside the United States you will need your USICS I-797 Approval notice with your new I-94 cards attached. No additional documents are required to prove employment authorization.
Employment Authorization Document (EAD), Form I-766 – An Employment Authorization Document (EAD Card) provides authorization to work.
What classes of admission have employment authorization attached?
The following is a list of non-immigrants that are authorized to work according to their class of admission (COA):
Class of Admission |
Description |
---|---|
|
Ambassador, public minister, career diplomat, or consular officer (principal). |
|
Other foreign government officials or employees (principals). |
|
Attendant, servant, or personal employee of principal A-1, or A-2 (principal). |
|
Transitional worker (principal). |
|
Treaty trader (principal). |
|
Spouse of principal E-1 or E1S. |
|
Treaty investor (principal) |
|
Spouse of principal E-2 or E2S. |
|
Long-term business investor or foreign investor (principal). |
|
Certain specialty occupation professionals from Australia. |
|
Spouse of certain specialty occupation professionals from Australia |
|
Returning E-3 principal alien. |
|
Academic student for on-campus employment and DSO-authorized curricular practical training. |
|
Canadian or Mexican national academic student who commutes to school in the U.S. DSO-authorized for DSO-authorized curricular practical training. |
|
Resident representative of a recognized foreign member government to an international organization (principal). |
|
Other temporary representatives of recognized foreign member governments to an international organization (principal). |
|
Representative of unrecognized or nonmember foreign government to an international organization (principal). |
|
Representative of international organization (officer or employee) (principal). |
|
Attendant, servant, or personal employee of principal G-1, G-2, G-3, or G-4. |
|
Worker in a specialty occupation. |
|
Temporary worker in a specialty occupation. |
|
Agricultural worker. |
|
Non-agrarian seasonal worker. |
|
Trainee. |
|
Foreign information media representative (principal). |
|
Exchange visitor (pursuant to an approved program). |
|
Fiancé(e) of U.S. citizen. |
|
Intra-company transferee. |
|
Spouse of Intra-company transferee |
|
Intra-company Transferee Managers and Executives. |
|
Intra-company Transferee Specialized Knowledge. |
|
Spouse of an intra-company transferee. |
|
NATO officer, representative, or personnel (principal). |
|
Attendant, servant, or personal employee of principal NATO-1 through 6 (principal). |
|
Alien with extraordinary ability in sciences, arts, education, business, or athletics. |
|
Alien accompanying O-1. |
|
Internationally recognized athlete or entertainer in an internationally recognized group. |
|
Internationally recognized athlete or entertainer support personnel |
|
Artist or entertainer in an exchange program. |
|
Artist or entertainer support personnel |
|
Artist or entertainer in a culturally unique program. |
|
Cultural exchange visitor. |
|
Irish Peace Process Cultural and Training Program Visitor. |
|
Religious worker with a nonprofit religious organization. |
|
Professional business person, United States-Canada Free Trade Act (FTA). |
|
A professional business person from Canada or Mexico, North American Free Trade Agreement (NAFTA). |
|
A professional business person from Canada, North American Free Trade Agreement (NAFTA). |
|
A professional business person from Mexico, North American Free Trade Agreement (NAFTA). |
|
Alien admitted pursuant to section 207 of the Immigration and Nationality Act (INA). |
|
Asylee under 208 of the INA. |
How and where do I get my Social Security card?
After you receive your valid I-94, EAD card, or I-797 Approval Notice extending/changing your status, you are able to go to any SSA Office to apply for your social security number (SSN). You will need proof of your identity and legal authorization to work in the United States in order to obtain an SSN on a TN Visa, which generally means you will need to present the following documents:
- A completed Form SS-5
- A valid unexpired passport
- A TN Visa admission stamp in your passport showing the valid dates of your TN Visa
- A copy of your Form I-94 record of admission showing your valid TN Visa
Upon presentation of the proper supporting documents, your Social Security card will be mailed directly to the address you provide.
When should I apply for an SSN?
The Social Security Administration (SSA) recommends waiting at least 10 days after admission in a valid COA before applying for an SSN. While you wait for your SSN to arrive, your employer can use the letter from the SSA showing that you have applied for an SSN, and your valid immigration documents to prove that you have received legal authorization to work in the United States. In many cases, an SSN is issued along with an EAD card. In cases where you were not issued an SSN along with your EAD card, you can immediately apply for an SSN when the EAD arrives.
How do I get a Social Security number (SSN) on a TN Visa? Can I work on an old or restricted Social Security number (SSN)?
Additional Outside Resources
- Policy For Non-Immigrant Employment Authorization
- SSA: Form SS-5, Application for a Social Security Card
- USCIS: I-9, Employment Eligibility Verification
We Can Help!
The immigration lawyers at Richards and Jurusik Immigration Law have more than 20 years of experience helping people to live and work in the United States. Contact us today for an assessment of your legal situation.