New immigrant filter: Can he work? Social security office screw up?

February 25, 2008 4:21 PM

Social Security card confusion? Doesn't have the "valid for work only with DHS Authorization" wording? Eh?

So I'm about to marry my British fella this Friday (yay!) and several weeks ago he applied for and received a SSN/card.

However, I thought cards for new immigrants would have the "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" stamp on them. His doesn't. Whaaaa....?

Once we're wed, we're going to do the whole expensive adjustment of status thang so he can have a green card and can travel freely. But I'm wondering if the Social Security office screwed up by sending him a card without that stamp.

1. Can he work now? He didn't get an EAD stamp (work authorization -- which would allow him to work for the first 9o days of his arrival).

2. Do we have to fill out the I-765 anyway?

I'm suspecting that the answers are NO and YES, just so we're right with the ol' gubmint.

What does the hive mind say?

posted by potsmokinghippieoverlord to law & government (8 comments total)

Seems like the most relevant variable is what sort of status your beau is on now, before you wed. K1? VWP?

In any case, the smart thing to do would be:

(1) Go back to the SSN people and make sure they intended to give him a no-warning card.

If they say that they did intend to, then:

(2) Book an infopass appointment to discuss the issue with a real no-shit USCIS officer.
(3) Do what they say.

The stakes here are "Do I get to keep my beloved?" When the cost is as small as two visits to nearby government offices (assuming you're still in Oakland and that Oakland USCIS takes infopass appointments), the answer is obvious.
posted by ROU_Xenophobe at 4:32 PM on February 25, 2008

ROU_Xenophobe: He came in on a K-1. I'll see if we can reach a real human at both the local Social Security office/USCIS (tip for locals: the Berkeley SS office is a bit friendlier than the Oakland office).

Thanks!
posted by potsmokinghippieoverlord at 4:47 PM on February 25, 2008

K-1 folks should get the disclaimer on the card until adjustment of status. It's almost certainly a mistake.

Could he get away with working based on this mistake? Probably, but it is certainly not worth risking. Expect a few fun trips to the SS office to sort this out.

I'm familiar with a K-1 who was told flat out on repeated visits that she simply couldn't have a Social Security number, even one with the disclaimer, until she got a green card. Persistence bore fruit.
posted by East Manitoba Regional Junior Kabaddi Champion '94 at 4:53 PM on February 25, 2008

In any case, having the wording on the SSN is not the determining factor in whether one can work. It's just notice of the fact that one can't
posted by winston at 5:11 PM on February 25, 2008

In my own K-1 experience:

1. No.
2. Yes.

Also, try the forums at britishexpats.com (either the US Immigration and Visas or Marriage Based Visas subcategories of the USA branch) - they have a TON of information, and some really knowledgeable people.

P.S. Congratulations on your upcoming wedding!
posted by Liosliath at 5:36 PM on February 25, 2008

He probably can't legally work. Whether a potential employer is able to figure that out is another issue.

Although a US state-issued drivers license + social security card without the "not valid" text would be accepted by an employer as "proof" of eligibility for employment when filling out the I-9 form, they will eventually verify his social security number, name, and birthdate with the Social Security Administration (smart employers do this immediately, lax employers might not until they send W-2s in January). IIRC, the SSA will tell them whether he is eligible to work.

It's probably not worth the risk trying to get away with it if you are pretty sure that it's not legal. Using that social security card will create a paper trail documenting that he worked or attempted to work illegally.

Something I don't know, but may be worth you investigating, is whether he can legally start a business (Schedule C) or freelance (1099) while he is ineligible to work as a W-2 employee.
posted by Jacqueline at 6:06 PM on February 25, 2008

Or freelance/telecommute for a British or other company located outside of the US...
posted by Jacqueline at 6:08 PM on February 25, 2008

Jacqueline: he will be doing exactly that (he owns his own IT firm, and will work remotely for British companies with no presence in the US while we wait for the carte verte).

Liosliath: Thank you -- I'm a bit nervous (trying to find a petticoat for my not-terribly-traditional wedding dress).
posted by potsmokinghippieoverlord at 12:18 PM on February 27, 2008