Q: I came to the United States on Humanitarian Parole from Ukraine (or Venezuela, Haiti, etc). I didn't apply for a work permit yet, and I do not have an employment authorization yet. I need a SSN to apply for certain benefits. Can I apply for a SSN even though I don't have a work permit yet?

A: Yes, you can. 
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Parolees from several countries  who have been granted humanitarian parole may be eligible to apply for a U.S. social security number. There are two potential methods.

(1) You can either apply directly to the Social Security Administration, or (2) you may apply for one when you file Form I-765 Application for an Employment Authorization Document (EAD).
A humanitarian parolee with only a Form I-94 or a parole stamp in their passport may only apply for a non-work Social Security number (SSN). If you are applying for benefits, your local welfare or social service agency should provide you with a referral letter to the Social Security Administration explaining that the agency needs your SSN in order to process your application for benefits. With this letter, the Social Security Administration will accept your application for an SSN.
To apply for a non-work SSN directly through the Social Security Administration, fill out the application for a Social Security Card and print the application. Bring it to your nearest Social Security Administration office, along with your passport, I-94, birth certificate, marriage certificate, and the referral letter from the welfare or social services agency. You may need to make an appointment in advance at the Social Security Administration. Prepare translations of any required documents in advance.
The link for the social security card application can be found at https://www.ssa.gov/forms/ss-5.pdf
You can look up the closest Social Security Administration office at https://secure.ssa.gov/ICON/main.jsp#officeResults
You may also apply for a social security number when you apply for your work permit, which can be provided to employers. When filling out your Form I-765 – Application for Employment Authorization Document (EAD), check boxes 14 and 15 to receive a Social Security Card. You may do this even if you previously received a non-work SSN. The information you provide on this form will then be sent to the Social Security Administration to issue you a social security card.

Once you receive your Social Security Card, please remember to sign it, and keep it in a safe place (it is not advisable to carry it on your person).

Here is a guidance from the SSA office: https://secure.ssa.gov/poms.nsf/lnx/0110211600

Here is an application for a work permit, which can be filed online at USCIS website: https://www.uscis.gov/i-765

As of May 1, 2022, all employers must only accept unexpired List B identity documents as part of the I-9 process.

After July 15, 2022, e-Verify will no longer provide extended timeframes for employees to visit the Social Security Administration (SSA) to resolve Social Security mismatches.

During COVID-19 pandemic, USCS and DHS temporarily allowed employers to accept expired List B identity documents as part of the I-9 process. It was acceptable for employers to accept expired state IDs or driver’s licenses for List B if the document expired on or after March 1, 2020, and the state extended the document expiration date due to COVID-19.

This temporary policy ended on May 1, 2022. Employers have until July 31, 2022 to update their I-9 Forms for employees that presented expired List B documents between May 1, 2020, and April 30, 2022. A chart detailing these changes can be found here.

Similarly, due to the closure of SSA offices to the public, USCIS allowed employers participating in E-Verify to postpone dealing with Social Security mismatches (cases in which an employee’s Social Security number did not match the number in the E-Verify database resulting in a “TNC” or “tentative non-confirmation”). Before the pandemic, an employee contesting a TNC was required to contact the SSA within 8 federal working days or risk getting a Final Non-confirmation and loss of employment. Beginning March 2, 2020, this requirement was temporarily suspended. uscis e-verify

As of July 15, 2022, employees receiving a TNC for a Social Security mismatch will again be required to contact the SSA within 8 federal working days to resolve the mismatch. Employees with mismatches between March 2, 2020 and July 14, 2022 have until September 29, 2023 to resolve their cases. 

​Read more here. Updates are here.

What is an ITIN?

• It was created for tax purposes. The ITIN was created by the IRS in July 1996 to allow foreign nationals and other individuals who are not eligible for a Social Security number (SSN) to comply with U.S. tax laws.
• ITINs are not SSNs. The ITIN is a nine-digit number that always begins with the number 9 and has a 7 or 8 in the fourth digit; for example, 9XX-7X-XXXX.
• Many immigrants have ITINs. People who do not have a lawful status in the United States may obtain an ITIN. In addition, the following people are lawfully in the country and must pay taxes, but may not be eligible for a SSN and may obtain an ITIN:
  • A non-resident foreign national who owns or invests in a U.S. business and receives taxable income from that U.S. business, but lives in another country.
  • A foreign national student who qualifies as a resident of the United States (based on days present in the United States).
  • A dependent or spouse of a U.S. citizen or lawful permanent resident.
• A dependent or spouse of a foreign national on a temporary visa.

ITINs do not provide legal status or work authorization.

• An ITIN does not provide legal immigration status and cannot be used to prove legal presence in the United States.
• An ITIN does not provide work authorization and cannot be used to prove work authorization on an I-9 form.

ITIN holders pay taxes. 

What other purposes can an ITIN serve?

• Opening an interest-bearing bank account. Individuals who do not have a SNN but do have an ITIN can open interest-bearing accounts.
• Securing a driver’s license. Some states have allowed the ITIN to be used instead of a SSN in order to receive a driver’s license, driver’s permit, or state identification card.
• Providing proof of residency. At some point in the future, an immigrant may need to prove how long he or she has been in the United States and having a tax return filed using an ITIN is one way to show that.

Is the ITIN a way for the government to track undocumented immigrants? The ITIN is not an immigration-enforcement tool. The application process is designed to facilitate tax payment, and the fact that the IRS does not share applicants’ private information with immigration enforcement agencies is key to tax compliance. 

• Taxpayer privacy is an important cornerstone of the U.S. tax system. Because applicants provide the IRS with a great amount of personal information, privacy is critical to the success of the program. Section 6103 of the Internal Revenue Code states that the IRS is not authorized to release taxpayer information to other government agencies except for providing information to the Treasury Department for investigations that pertain to tax administration, or under a court order related to a non-tax criminal investigation. Expanding information-sharing beyond this would require a new law—an issue that arises often during legislative debates.

How does one apply for an ITIN?

• Applicants must fill out a W-7 application form and submit it to the IRS along with a completed tax return. Individuals do not need to apply in person. When the application is approved, ITINs are sent to applicants through the mail.
• Applicants are required to submit original documents verifying identity and “foreign status.” The IRS has issued a list of 13 documents that will be accepted for this purpose. Those documents will be returned to the applicant within 60 days of receipt and processing of the W-7 form.
• There are IRS Acceptance Agents and Taxpayer Assistance Centers available to help persons apply.

In 2015, Congress enacted legislation to clarify the 2012 guidance from the IRS stating that all ITINs issued after December 31, 2012, will have to be revalidated every five years. Additionally, if a person obtains an ITIN but does not use it for three consecutive years, it will expire and will need to be revalidated.


Read more here.

Today, on October 2, 2017, USCIS made an announcement of a new revised form I-765, Application for Employment Authorization (work permit).

If you file a new revised form I-765, edition date 07-17-2017, you can request the SSA to issue you a SSN. Applicants who receive their approved EAD (work permit) from USCIS should receive their Social Security card from SSA within the following two weeks, which would help to save time. Filing fee remains the same.

The revised USCIS form includes additional questions that allow applicants to apply for an SSN or replacement card without visiting a Social Security office. Starting today, USCIS will transmit the additional data collected on the form to the SSA for processing.

​New form I-765 is here.
​USCIS announcement is here. 

In Russian:

Сегодня, 2 октября 2017, Иммиграционная служба USCIS опубликовала обновленную форму, заявление на разрешение на работу, Form I-765. Дата новой формы 07-17-2017.

Старая форма будет приниматься до 4 декабря. После 4 декабря 2017 только новая форма будет приниматься USCIS.

Преимущество новой формы, которую сегодня уже поместили на вебсайте, заключается в том, что заявитель одновременно подает также заявление на карточку соцстрахования, SSN, и через две недели после утверждения разрешения на работу, заявителю пришлют карточку соцстрахования, что поможет получить карточку и начать работать намного быстрее.

​Объявление можно почитать тут.

In light of September 5th 2017 announcement rescinding DACA program, the National Immigration Law Center and United We Dream have published a new updated FAQ about DACA and Employment which can be found here. (5-page pdf file).

These guidance specifically addresses many questions about DACA recipient's employment authorization.

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​ ITIN GUIDE: Information and Updates About the IRS's Individual Tax Identification Number (ITIN)
was prepared by Educators for Fair Consideration (E4FC). The purpose of this guide is to provide information and updates about the IRS's Individual Taxpayer Identification Number (ITIN). 

Facts:

• An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service.

• The Internal Revenue Service (IRS) issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain, a Social Security number (SSN) from the Social Security Administration (SSA).

• ITINs allow individuals ineligible for an SSN to (1) report their earnings to the IRS, (2) open interest-bearing bank accounts with certain banks and, (3) conduct business in the U.S.

• The IRS issues ITINs regardless of immigration status, because both citizens and noncitizens may have a U.S. tax filing or reporting requirement under the Internal Revenue Code.

• ITINs are intended primarily to facilitate federal tax reporting. An ITIN does not authorize work in the U.S. or provide eligibility for Social Security benefits or the Earned Income Tax Credit.

This guide will walk readers through the initial application and renewal process. A separate guide discussing the use of ITINs to earn a living as an independent contractor and entrepreneur is currently being written and will be released in early January.

DOWNLOAD THE GUIDE HERE  http://www.e4fc.org/images/ITIN_Guide.pdf
http://www.e4fc.org/itinguide.html

QUESTIONS & ANSWERS:

Can undocumented individuals apply for an ITIN? Yes. Any individual not eligible for a SSN may apply and file for an ITIN.
Who is eligible to apply for ITIN? Individuals who identify with one the following categories may file for an ITIN:
» Does not have a SSN and are not eligible to obtain one
» Nonresident alien who is required to file a U.S. tax return
» U.S. resident alien who is (based on days present in the United States) filing a U.S. tax return.
» Dependent or spouse of a U.S. citizen/resident alien.
» Dependent or spouse of a nonresident alien visa holder.
Are ITINs valid for identification? No. ITINs are not valid identification outside the federal tax system. Since ITINs are strictly for tax processing, the IRS does not apply the same standards as agencies that provide genuine identity certification (e.g. state IDs/ driver’s license, passports, green cards, etc.).
Can I open a bank account with an ITIN? Yes. Some banks will accept the ITIN instead of the SSN. However, you still need to provide some form of identification. We suggest calling or visiting your local bank or credit union  to ensure they accept the ITIN and inquire about the types of ID they accept.
Do ITINs enable someone to work legally? No. ITINs are for federal income tax purposes only. Getting an ITIN does not change your immigration status or your authorization to work in the United States.
Can ITINs be used as proof of identification to obtain a state driver’s license? No. ITINs are not valid for identification outside the federal tax system. However, some states may accept the ITIN as part of the driver’s license application or verification of residency.
Who should renew their ITIN? Anyone who has not used their ITIN on a federal tax return at least once in the last three years should renew. All ITINs issued before 2013 will begin expiring this year based on a rolling schedule. You will be notified via postal mail (using the address on your most recent income tax form on which the ITIN appears) if your ITIN is expiring.
When does renewal of ITINs begin? January 1, 2017.
Which ITINs are expiring? Individuals who hold ITINs with middle digits of 78 and 79 (e.g. 9NN-78-NNNN). The IRS began sending Letter 5821 to taxpayers with these expiring ITINs in Summer 2016.
When may I renew my ITIN? Taxpayers whose ITINs will expire on January 1, 2017 can begin the renewal process beginning October 1, 2016.
How do I renew my ITIN? Complete your federal tax return, complete W-7 form and provide original documentation (or certified copies of the documentation from the issuing agency) required to support the information provided on Form W-7.
Should I apply or renew an ITIN if I have a valid SSN? No. Any person who applied for and received an SSN will no longer be eligible for an ITIN, since his/her SSN remains valid, even if his/her work authorization expires.
Should I apply or renew an ITIN if I am a DACA recipient? No. If you obtained DACA and used it to get a SSN you should not continue to use or renew your ITIN. Regardless of the possible termination of DACA, the assigned SSN will remain your SSN even if the individual’s work authorization terminates.
A new policy was introduced on June 30, 2016, but it became obsolete with the passage of the Tax Hikes Act of 2015 (PATH Act), enacted on December 18, 2015. The new law states that ITINs that have not been used on a federal tax return at least once in the last three years would no longer be valid for use on a tax return unless renewed by a taxpayer. In addition, ITINs issued prior to 2013 and not used on a federal tax return in the last three years need to be renewed starting October 1, 2016, based on a rolling renewal schedule.
What May Happen if an ITIN is Not Renewed Some individuals may not be aware that their ITIN has expired or that they must renew an expired ITIN. According to the IRS, returns filed by these individuals will be accepted by the IRS; however, there may be a delay in processing these returns, and certain credits, such as the Child Tax Credit6 and the American Opportunity Tax Credit7 , may not be allowed unless the ITIN is renewed. This could result in a reduced refund or additional penalties and interest. The IRS will notify these filers about the delay and any reduction in refunds and credits claimed and will inform them about the need to file Form W-7 to renew their ITIN.
Can I use both ITIN and SSN? No. Holders of Expired ITINs Who Have Obtained or Become Eligible for a SSN An individual with an expired ITIN who has obtained or become eligible for an SSN (for example through DACA) should not renew the ITIN and should discontinue using it. It is improper to use both the ITIN and the SSN assigned to the same person to file tax returns.
How to Notify the IRS About Your New SSN? It is your responsibility to notify the IRS so it can combine all of your tax records under one identification number. If you do not notify the IRS when you are assigned a SSN, you may not receive credit for all wages paid and taxes withheld, which could reduce the amount of any refund due. Individuals who become eligible to obtain a SSN (i.e. DACA or permanent residents) should obtain one from the Social Security Administration (SSA) and visit a local IRS office, or write a letter explaining that you have now been assigned a SSN and want your tax records combined. Include your complete name, mailing address, and ITIN along with a copy of your social security card and a copy of the CP 565, Notice of ITIN Assignment, if available. The IRS will void the ITIN and associate all prior tax information filed under the ITIN with the SSN. Send your letter to: Internal Revenue Service Austin, TX 73301-0057 Note: In addition to sending a letter to the IRS, you may also send letters to the credit agencies requesting to change your ITIN to a SSN. The letter should include name, mailing address and copies of your ITIN, SSN and identification.
Information Specific to DACA Recipients. DACA recipients are eligible to receive a social security number (SSN) and therefore should not continue to use or renew their ITIN. Regardless of the possible termination of DACA, the assigned SSN will remain their SSN even if the individual’s work authorization terminates. As stated above, all people who have obtained a SSN should send letters to the IRS and credit agencies requesting to transfer all tax and credit history from the ITIN to their SSN.
How to apply for ITIN? This information comes directly from the IRS, for additional information see the updated online instructions (Instructions for Form W-7 (09/2016), https://www.irs.gov/ instructions/iw7/index.html ). You may file or renew an ITIN by completing Form W-7 (Application for IRIS ITIN, https://www.irs.gov/pub/irs-pdf/ fw7.pdf ), which you may download for free on the IRS website. The form and instructions were updated September 2016, so make sure to download and complete the most current version of the forms. The form requires supporting documentation to prove foreign status and identity. The documentation you provide must meet the following requirements:
1. You must submit documentation to establish your identity and your connection to a foreign country (“foreign status”). Applicants claimed as dependents must also prove U.S. residency unless the applicant is from Mexico or Canada or the applicant is a dependent of U.S. military personnel stationed overseas.
2. You must submit original documents, or certified copies of these documents from the issuing agency, that support the information provided on Form W-7. A certified document is one that the original issuing agency provides and certifies as an exact copy of the original document and contains an official stamped seal from the agency. You may be able to request a certified copy of documents at an embassy or consulate. However, services may vary between countries, so it is recommended that you contact the appropriate consulate or embassy for specific information.
3. Note: Original documents you submit will be returned to you at the mailing address shown on your Form W-7. You don’t need to provide a return envelope. Applicants are permitted to include a prepaid Express Mail or courier envelope for faster return delivery of their documents. The IRS will then return the documents in the envelope provided by the applicant. If your original documents aren’t returned within 60 days, you can call the IRS (see Telephone help, earlier). If you will need your documents for any purpose within 60 days of submitting your
Processing times. Allow 7 weeks for the IRS to notify you of your ITIN application status (9 to 11 weeks if you submit the application during peak processing periods (January 15 through April 30) or if you’re filing from overseas). If you haven’t received your ITIN or correspondence at the end of that time, you can call the IRS to find out the status of your application.
Telephone help. Call 1-800-829-1040 if you’re in the United States. If you’re outside the United States, call 267-941-1000 (not a toll-free number) for assistance.
ITIN GUIDE http://www.e4fc.org/images/ITIN_Guide.pdf
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