ARTICLE
25 August 2015

New Social Security Card Application Requisites Raise Eyebrows

FL
Foley & Lardner
Contributor
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
Critics of the rule change claim the Obama Administration is making it easier for unauthorized immigrants to fraudulently work by obtaining SSNs.
United States Employment and HR
To print this article, all you need is to be registered or login on Mondaq.com.

On August 10, 2015, the Social Security Administration (SAA) adopted a final rule that, as of September 9, 2015, eliminates the requirement that applicants seeking to obtain a new or replacement Social Security number card submit "documentary evidence." The Social Security number (SSN) is issued on a Social Security Card and consists of a nine-digit number issued to U.S. citizens, permanent residents, and temporary (working) foreign nationals residents. The number is issued by the SSA, an independent agency of the United States government. Although its primary purpose is to track individuals for Social Security purposes, the Social Security number has become a de facto national identification number for taxation and other purposes. For employers, the card serves as one of the primary forms of employment eligibility on USCIS Form I-9.

In its final rule published in the Federal Register , the SSA removed the word "documentary" from its description of citizenship, age and identity evidence required to obtain an original or replacement SSN. Instead, the new rule provides the agency and the public with different options for verifying an applicant's identity and other eligibility factors, noting that it will continue to obtain this evidence through data matches with other government agencies.

Critics of the rule change claim the Obama Administration is making it easier for unauthorized immigrants to fraudulently work by obtaining SSNs. In reply, the SSA claims the rule provides the agency and the public with different options for verifying an applicant's identity and other eligibility factors, noting that it will continue to require the same evidence to establish citizenship, age and identity. The new rule will also remove the requirement that individuals seeking a replacement SSN card file an SS-5 form, allowing them instead to complete a "prescribed application," which the agency said would simply be the application form — whether paper, online or another method — that it determines to be the most efficient and user friendly. In addition, the SSA will release, through a gradual, state-by-state rollout, an online application that will permit adult U.S. citizens who are not reporting any changes to their record to apply for replacement SSN cards electronically after registering through the "my Social Security" portal.

In fulfillment of United States Citizenship and Immigration Service (USCIS) Form I-9 requisites, employers are likely to find more rapid turnaround should employees lack a lost or misplaced social security card requiring reissuance. USCIS Form I-9 requisites permit employers to initiate employment, in most contexts, if hired employees can verify within three (3) days employment eligibility through the documentary requites of USCIS Form I-9, including presentation of a valid social security card under "List C" of USCIS Form I-9.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
25 August 2015

New Social Security Card Application Requisites Raise Eyebrows

United States Employment and HR
Contributor
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More