Effective Dates: 02/03/2023 - Present
This Emergency Message (EM) provides technicians with instructions for handling Supplemental Security Income (SSI) and Federal Old-Age, Survivors, and Disability Insurance (OASDI) benefit claims for non-U.S.-citizens who enter the United States (U.S.) via the southwestern (i.e., California, Arizona, New Mexico, and Texas) border and have a “No Status – Not Employment Authorized” verification response in web3 SAVE.
The significant increase in the volume of non-U.S. citizens entering the U.S. via the southwestern border has reduced automated responses for initial verifications (IV). As a result, SAVE response times have increased, causing a significant backlog. Therefore, the U.S. Citizenship and Immigration Services (USCIS) has implemented procedures to return the “No Status – Not Employment Authorized” response to decrease the time it takes to provide an IV response for southwestern border cases.
A non-U.S. citizen or non-U.S.-national must present evidence of a legal non-citizen status authorized by USCIS in support of a claim for SSI payments or OASDI benefits. For more information on noncitizen requirements for SSI claims see SI 00502.100. Likewise, for more information on noncitizen requirements for RSDI claims see RS 00204.010.
Noncitizens with a “No Status – Not Employment Authorized” response will typically, but not always, be issued an U.S. Immigration and Customs Enforcement Form I-220A (Order of Release on Recognizance), I-862 (Notice to Appear), or I-385 (Notice to Report) as documentation of their lack of a lawful immigration status. The I-385 may have an inked parole stamp valid for 60 days and may also include a blank Form I-94. Therefore, noncitizens who have a SAVE verification response of “No Status – Not Employment Authorized” are not eligible for SSI payments or OASDI benefits.
Note: The new “No Status – Not Employment Authorized” response will NOT have a corresponding Class of Admission (COA) or Employment Authorization Document (EAD).
D. Technician procedures
When a noncitizen claimant presents an immigration document that does not show a lawful immigration status, submit a SAVE case verification with a copy of the immigration document (e.g., Form I-220A, I-862, or I-385) attached. If SAVE generates a “No Status - Not Employment Authorized” response, then the claimant does not have a lawful immigration status.
A “No Status – Not Employment Authorized” response may also indicate that claimants have a pending decision regarding their immigration status in the U.S. However, a pending decision is not evidence of a lawful immigration status.
Note: For instructions on handling “No Status – Not Employment Authorized” SAVE responses for enumeration please see EM-23009.
Direct all programs–related and technical questions to your Regional Office (RO) support staff using vHelp or Program Service Center (PSC) Operations Analysis (OA) staff. RO support staff or PSC OA staff may refer questions, concerns, or problems to their CO contacts.
SI 00501.400 Residence and Citizenship Requirement
SI 00502.100 Basic SSI Alien Eligibility Requirements
RS 00204.010 Lawful Presence Payment Provisions
|Intended Audience:||All RCs/ARCs/ADs/FOs/TSCs/PSCs/OCO/ODAR|
|Originating Office:||ORDP OISP|
|Title:||Claims Procedures for web3 Systematic Alien Verification for Entitlements (SAVE) case responses of “No Status-Not Employment Authorized”|
|Type:||EM - Emergency Messages|
|Program:||Title II (RSI); Title XVI (SSI)|
|Link To Reference:|
EM-23010 - Claims Procedures for web3 Systematic Alien Verification for Entitlements (SAVE) case responses of “No Status-Not Employment Authorized” - 02/03/2023