Issue the exchange visitor an acknowledgement letter, after the exchange visitor submits the required evidence for an SSN. This letter can be shown to the employer. For additional information, see RM 10205.215.

Applicants, during their original SSN face to face interview, may indicate an urgent employment need for their SSN and request notification that the SSN was assigned prior to delivery of the card. In this case, ask the exchange visitor to provide a telephone number where they can be reached in the future. Enter “Y” in the question, “Notify office of the SSN assigned” on the verify and sign page in SSNAP to have the Enumeration System generate a message the workday after an SSN application is processed, to notify the FO of the SSN.

When you receive the Enumeration System notification message, you can call the exchange visitor and advise that an SSN has been assigned and they should receive their SSN card within 10 business days. For general information about releasing information by telephone, see GN 03360.005.

If the exchange visitor did not request advance notification but contacts SSA about their SSN, advise the exchange visitor to come into office with evidence of identity and their immigration documents and we will check to see if an SSN has been assigned. If the SSN has been assigned, the SSN can be provided to the exchange visitor at that time and the exchange visitor can provide the SSN to their employer. For general information about in-person requests for access to or disclosure of information from SSA records, see GN 03380.000.

When an exchange visitor’s employer requests the SSN, provide the exchange visitor or the employer with a copy of the fact sheet titled, “Employer Responsibilities When Hiring Foreign Workers” and refer to GN 03380.000 before disclosing any personal identifying information.

This fact sheet is accessible from SSA’s employer website or you may access it directly on http://www.ssa.gov/employer/hiring.htm . If the exchange visitor is in the field office, print out a copy for the exchange visitor to show to the employer. This fact sheet addresses employer responsibilities when hiring foreign workers (e.g., students or cultural visitors) who have applied for and are waiting to receive an SSN card.

Employers of foreign exchange visitors are required to abide by Federal and State laws with respect to the payment of wages to employees who have completed the agreed-to amount of work. In any discussions with the exchange visitor’s employer, strongly recommend they or their payroll or HR departments check Federal and State labor laws and their own legal counsel before withholding wages from their employees.

There is no provision in the Social Security Act (the 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 before obtaining an SSN.

The following websites contain relevant information.

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  U.S. Department of Labor

  Wages and the Fair Labor Standards Act | U.S. Department of Labor (dol.gov) discusses the basic requirements of the Fair Labor Standards Act (FLSA) (including the statement that “Wages required by the FLSA are due on the regular payday for the pay period covered.”).

  Worker Rights web page includes links to a variety of topics related to worker rights.

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  IRS

  The IRS website has an informational Fact Sheet, Delays in Issuing SSNs to Aliens by the Social Security Administration.

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  DOS

  The Department of State (DOS) maintains information to assist exchange visitors at http://j1visa.state.gov/.

The following contain links to SSA public information materials that are available for FOs to inform the public about SSA’s policies and evidentiary requirements for J1 exchange visitors who apply for SSNs or replacement cards.

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  Identity Theft and Your Social Security Number

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  Employer Responsibilities When Hiring Foreign Workers

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  Your Social Security Number and Card

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  GN 03380.000, Verification of Identity of Individuals Requesting Access to, or Disclosure of Personally Identifiable Information in SSA Records – Table of Contents

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  RM 10205.215, Acknowledgement Requested for an Application for an SSN Card

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  RS 01901.740, Foreign Students, Exchange Visitors and International Cultural Exchange Visitors