Social Security Update : June 2003
Posted Jun 20, 2003

Since September 1, 2002, the Social Security Administration (SSA) has used a "total verification" policy with respect to immigration documents. Social Security numbers will only be issued after completion of a document verification and status check, using the INS Systemic Alien Verification for Entitlements (SAVE) program. This creates delays for one hesitant to start employment with the U.S. employer before having the Social Security number (SSN).

Total Verification Policy

In a March 31, 2003 meeting with representatives of the American Immigration Lawyers Association (AILA) SSA officials answered questions about the "total verification" policy and related procedures. In the liaison meeting, the SSA justified the "total verification" policy, which is not mandated by law. They explained that, while there is a presumption that a person with a valid I-94 in a work-authorized category is entitled to a Social Security Number (SSN), they must verify the authenticity of the document prior to issuance of the SSN. The "total verification" policy extends to everyone - even those who have been in the country fewer than 30 days. Previously, these individuals were exempt from such verification.

SSA Checks SAVE System Online

In order to verify employment authorization, the SSA checks the online SAVE system. If a person has been in the U.S. fewer than 10 days, the system will be checked automatically for 10 days until the person's information shows up in the system. Once the information is in the system, or if the information in SAVE differs from the individual's documents, the SSA manually prepares a Form G-845, along with copies of the applicant's documents. This packet is forwarded to the Department of Homeland Security (DHS) and the Bureau of Immigration and Customs Enforcement (ICE). There is a goal of 20 working days for a response. If no response is received, SSA will place follow-up calls. The manual system of preparing and mailing the G-845 is being reviewed. A change-over to an online system is not expected for more than a year.

Incorrect Information in Databases

The "total verification" policy has led to problems for people with incorrect information that has been entered into the various databases. We have received a number of inquiries from people with this problem. It apparently has been a fairly widespread problem. The SSA stated that the SAVE program checks several databases. They said that ICE has a system for correcting erroneous information in their database. Typical errors include: class of admission, name spelling, country of origin, and birth date. In order to correct these errors, it is necessary to go to the local DHS / BCIS office and request a correction.

Work Legally Authorized without SSN

We understand the SSA's interest in verifying documents for security-related concerns and in having correct documents. However, we would urge that they take all steps to expedite the process, by converting to an online system. Although the SSA states that it is possible to work without the SSN, provided the individual is otherwise work-authorized, many employers do not feel comfortable hiring a worker who is unable to obtain a Social Security card. More flexible employers that deviate from standard practice may create additional burdens for themselves. As a small measure of protection to try and avoid this problem, we suggest that an individual double-check his or her I-94 at the Port of Entry to ensure there are no errors with respect to the class of admission, the birth date, or name spelling. Generally, this should be done to detect mistakes as early as possible and it may help when making an application for the SSN. Of course, this does not assure that the data will be entered correctly into the databases. Nonimmigrants should verify all information to which they have access, whenever the opportunity arises.