New Social Security Number Requirements

for International Students

PresentedBy

International Student and Scholar Services

Agenda for Today’s Meeting

• Introductions

• Social Security Number Requirements for

International Students before October 13,

2004

• The New Requirements

• Documentation that Students Must Present

• What are the BU Issues for Compliance?

• Next Steps

Social Security Number Requirements for

International Students Before October 13,

2004

Social Security Number Requirements for

International Students before October 13, 2004 • For any applicant who is not a U.S. citizen,

Social Security Administration regulations require that it first match the applicant’s information with the Department of Homeland Security’s immigration database before a social security card can be issued

• A person in J-1 status will be issued a social security card once the data match is made

• A person in F-1 status must also provide a letter from the school’s “Designated School Official”

Social Security Number Requirements for

International Students before October 13, 2004 • At BU, the “designated school officials” are

in the ISSS

• The letter must verify that the F-1 student is enrolled in a full-course of study AND is eligible to be employed

• The letter must be on office stationery and have an original signature. An individual letter must be issued for each student

• Thus, most new international students do not receive a social security number until at least three weeks after classes begin

The New Requirements

The New Requirements

• Took effect October 13, 2004

• Applies only to students in F-1 non-immigrant

status

• A Social Security Number will only be issued if

the F-1 can show PROOF that he or she has a

job, or has been offered a job

• If there is no job or job offer, then no Social

Security Number for the F-1. The F-1 can apply

for a SSN at any point in the future once he or

she secures employment

The New Requirements

The Social Security Administration states that

it has changed its regulations due to

• national security concerns

• identity theft

• the need to protect the integrity of the

Social Security Number

The New Requirements

• In its publications that announce the new

requirements, the Social Security

Administration reminds employers that F-1

students may work while the Social Security

Number application is being processed

• See “Employer Responsibilities When Hiring

Foreign Workers”

• Available on the web at:

http://www.socialsecurity.gov/employer/hiring.h

tm

The New Requirements

• The Social Security Administration states

that there is no provision in the Social

Security Act that employers must have their

employees’ SSNs before hiring them

• Neither is there any provision in the Act

that prohibits an employee from beginning

work if he or she has not yet obtained an

SSN

The New Requirements

“We believe that any disadvantages that might

exist for F-1 students who do not yet have their

SSNs, versus students who do, will be minimized

once the school’s employer community

understands that F-1 student applicants for on-

campus jobs should receive their SSNs very

quickly after providing evidence to SSA that they

have job offers.”

Supplementary information from the SSA that

accompanies the October 13, 2004 final rule

The New Requirements

“Also, F-1 students, once they apply for an

SSN, can request that SSA issue them an

‘acknowledgement letter.’ This dated letter

confirms that SSA has received an

application for an SSN. An F-1 student can

show this letter to an employer as proof that

they have filed for an SSN.”

Supplementary information from the SSA that

accompanies the October 13, 2004 final rule

Documentation That Students Must Present

Documentation That Students Must Present

To show proof of on-campus

employment, the F-1 must present:• A letter on school letterhead from the

Designated School Official with an original signature that identifies:– the student by name– the on-campus employer (bookstore, Biology

Department, etc)– nature of the on-campus employment

(teaching, waiting on tables, monitoring a laboratory, etc)

Documentation That Students Must Present

The F-1 must also present:

• A pay slip or pay stub from the student’s employer OR

• A letter from the employer on employer’s letterhead that verifies employment

Documentation That Students Must Present

The Employer’s letter must include:• identity of student employee• nature of job the student is, or will be engaged in• anticipated or actual employment start date• number of hours the student is expected to work• Employer Identification Number (EIN)• employer contact information, including

telephone number and name of immediate supervisor

• original signature and signatory title, and date

Documentation That Students Must Present

•If an F-1 student will receive or is receiving an assistantship or fellowship in exchange for teaching or other services, the F-1 may present his or her letter of award, if it outlines the stipulations of the work portion of the fellowship or assistantship

• In such cases, the SSA will not require any additional statement from the employer, but will require the letter from the Designated School Official

Documentation That Students Must Present

If the employer is the Designated

School Official (ISSS):• the letter verifying employment must

come from a separate source, such as the department or payroll official that issues the paycheck and is responsible for wage reporting

Documentation That Students Must Present

•All documents must be originals. Photocopies or notarized copies will not be accepted•In lieu of the separate letter from the Designated School Official, the DSO may sign off on the information provided in the employer’s letter•The sign-off must contain the DSO’s original signature, printed name, telephone number and date

What are the BU Issues for Compliance?

• Payroll systems that require a social security number before hire may need to develop “work-arounds” with their software vendor

• Due to lag payrolls, waiting for the first pay stub before applying for an SSN may be problematic for students

• Current funding/offer letters (other than assistantship letters) will need to meet all of the SSA requirements including the Employer Identification Number (EIN)

• Some on-campus employers do not routinely issue offer letters

What are the BU Issues for Compliance?

What are the BU Issues for Compliance?

• Other compliance issues?

Next Steps

Next Steps

• A plan will need to be developed to educate

ALL on-campus employers (departments,

offices) regarding the new regulation

• The “Smart Forms” listserv and other

listservs may be a vehicle for

communication

• A version of this workshop may need to be

offered to on-campus employers

Next Steps

• Other next steps?

Resources

“Employer Responsibilities When Hiring Foreign Workers”

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

SSA Final Regulation: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-20614.pdf

SSA Program Operations Manual System (POMS)http://policy.ssa.gov/poms.nsf/lnx/0100203470

If I Have Questions, Whom Should I

Contact?

If I Have Questions, Whom Should I Contact?

The Social Security liaison in the Office of International Student and Scholar Services is: • Karen Keefe-Guzikowski, Assistant Director

kkeefe@binghamton.edu

777-2510