Welcoming foreign nationals on non-immigrant visas to your team often comes with unique challenges, especially concerning the Social Security Number (SSN). Delays in obtaining an SSN can affect payroll and benefits processing, yet employers must navigate these hurdles efficiently. This guide outlines critical strategies for onboarding foreign employees awaiting their SSNs, ensuring a smooth transition for the company and the new hires.
1. Utilizing E-Verify and Managing Form I-9 without an SSN
Understanding the E-Verify system is essential for employers integrating foreign nationals into their workforce. The Form I-9 employment verification process does not initially require an SSN. Employers should note on Form I-9 if a new employee has applied for but has not yet received their SSN. This documentation is critical until the SSN is issued. At this point, an E-Verify case should be established. If the SSN has not been received within three business days of employment, employers must select the “Awaiting Social Security number” option in E-Verify.
2. Avoiding Legal Pitfalls
Delaying an employee’s start date with valid work authorization due to SSN absence may negatively impact their visa status and be viewed as discriminatory. It’s paramount that employers understand the legal implications of SSN delays and prioritize compliance to protect both their employees’ status and the organization.
3. Guidelines from the Social Security Administration (SSA)
The SSA has implemented rigorous measures to ensure the integrity of SSNs, which sometimes causes delays. These delays are often due to the SSA’s verification process with the Department of Homeland Security (DHS). Employers should know these potential wait times and the SSA’s guidelines for hiring foreign workers without an SSN. Critical to note is that foreign nationals are permitted to work while their SSN application is pending. Employers should collect necessary personal details early and follow specific protocols for wage reporting in the absence of an SSN.
4. Collaborating with Payroll and Benefits Providers
Since SSN delays for foreign nationals are not uncommon, many payroll and benefits providers have developed accommodating policies. Engaging with these providers can help employers understand and implement the procedures needed to support their new hires during the SSN waiting period.
Conclusion
While the instinct might be to postpone an employee’s start date until their SSN is secured, this approach is not recommended. By understanding and implementing the guidelines, businesses can ensure a seamless onboarding process for foreign national employees, irrespective of SSN delays. Adhering to these practices supports legal compliance and demonstrates a commitment to a diverse and inclusive workforce.
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Additional Outside Information
- My employee applied for a Social Security number (SSN) but has not yet received it. What should I do?
- Employer Responsibilities When Hiring Foreign Workers
We Can Help!
You may have questions regarding onboarding foreign nationals without an SSN. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
