Employers are frequently asked questions by their noncitizen employees about the process of acquiring a social security number and a driver’s license. This fact sheet provides employers with general information on this topic.

Social Security Numbers

Like many other aspects of our lives, applying for and receiving a social security number has changed since September 11, 2001. The Social Security Administration (SSA) now verifies immigration documents and status for noncitizens who request a social security number. Applications from citizens of Iran, Iraq, Libya and Sudan may be subject to additional scrutiny. A social security number will no longer be issued solely for a noncitizen to obtain a local driver’s license.

Noncitizens may apply for and receive a social security number for employment and non-employment (e.g., receipt of certain government services or benefits) purposes. Social security numbers and social security cards are issued by the SSA, part of the federal government. Applicants for social security numbers should be aware that their local SSA office may have preferences for how the required documents are presented. The local Social Security office is listed in the telephone directory.

When applying for a social security number, the noncitizen must present in person at the local Social Security office where the applicant resides the following information:

1. Completed Application for a Social Security Card (Form SS-5), available from a local office of the Social Security Administration or downloaded at http://www.socialsecurity.gov/online/ss-5.html
2. Documents that establish the applicant’s age and identity, such as a passport and/ or original or certified copy of birth certificate;
3. Form I-94 (Arrival Departure Record);
4. Notice of approval or other documents indicating the applicant’s employment authorization in the United States.

An employer can request a form SSA-7028, Notice to Third Party of Social Security Assignments, from the local office where the noncitizen employee applies for a social security number. The employer will then be notified of the social security number assigned to its employee.

Driver’s Licenses

Unlike a social security number, which is administered through the federal government, driver’s licenses are issued by each state. The requirements differ state by state. Employers that intend to advise their employees on the process for applying for a driver’s license or intend to require their noncitizen employees to drive should check with their state department of motor vehicles for those requirements.

Most states recognize a valid driver’s license issued by another country for non-residents and do not impose any requirement on persons who are present in the United States on a nonmmigrant visa to obtain a local driver’s license. In fact, some states recommend that noncitizens who will be returning to their home country not obtain a local driver’s license since when the local license is granted, the foreign license is usually surrendered and destroyed.

That said, most states will issue noncitizens a driver’s license if the individual has a social security card. Therefore, once an employee has been issued a social security card based on his or her employment authorization, the employee may choose to apply for a local driver’s license. Other members of the employee’s family may consider retaining their foreign driver’s licenses.

Helpful Websites

http://www.socialsecurity.gov/pubs/10096.html (SSA Publication “Social Security Numbers for Noncitizens)

http://www.socialsecurity.gov/online/ss-5.html (Download for Form SS-5, Application for Social Security Card)

www.aamva.org (American Association of Motor Vehicle Administrators website contains state by state requirements for drivers licenses)

(Date revised: March 2004)