SSNs Not Available Solely for Issuance of Driver's License
Posted Mar 08, 2002

The Social Security Administration will no longer issue social security cards for the sole purpose of obtaining drivers' licenses. This change was put into effect on March 1, 2002.

The Social Security Administration will issue social security numbers (SSNs) to all individuals who are lawfully in the U.S. with permission to work. This group would include all U.S. citizens and permanent residents, all employment-based non-immigrants such as H, L, and E, and all others with Employment Authorization Cards.

If an individual is lawfully admitted to the U.S., but does not have employment authorization (students, visitors, H-4 dependents, etc.), the Social Security Administration will issue a SSN only under two circumstances. The first is if a Federal law requires a SSN in order to obtain a particular benefit or service. Driver's licenses, which are issued by states, would not qualify under this rule. The second circumstance is if a state or local law requires a SSN to provide general assistance benefits, if the applicant has established s/he is entitled to these benefits.

In the two instances described, the applicant must provide a statement on the letterhead stationery of the government agency requiring the SSN. The letter must specifically name the applicant and the law requiring the SSN. It must also indicate that, except for not having the SSN, the applicant meets all other requirements for the benefit.

Everyone must check with his/her particular state as to whether the social security card is a required document for a driver's license. In some states, such as Maryland, the card is one of a number of "identity" documents allowed. In those states where the social security card is a required document, it appears that this policy change could be a hardship for individuals in non-working statuses. For example, it may create difficulty for students unable to live on campus in areas without available public transportation. Spouses of H1Bs and F-1s (in H-4 and F-2 status, respectively) may also be unable to drive in order to care for their children and households.

This is an issue that we intend to discuss with the INS in liaison meetings. It is important to ensure that spouses and dependents not entitled to obtain employment authorization are not deprived of the opportunity to obtain drivers' licenses in states that mandate the SSN as a prerequisite to the driver's license.