Re: Social Security Help
- From: ladygwennie <member43835@xxxxxxxxxxxxxxxxxx>
- Date: Thu, 27 Oct 2005 21:21:48 +0000
> I would print this and have it to show the employer.
>
> http://www.irs.gov/businesses/small/international/article/0,,id=12922-
> 7,00.html
> Delays in Issuing SSNs to Aliens by the Social Security Administration
>
> There is no federal law administered by any federal agency which
> prohibits the hiring of a person based solely on the fact that the
> person does not have a Social Security Number (SSN). Similarly, there
> is no federal law which prohibits the making of a payment to a person
> based solely on the fact that the person does not have an SSN.
>
> The IRS is quite aware of the Social Security Administration's new
> procedures effective since 09-30-2002 about not issuing an SSN to any
> alien for whom it cannot confirm his identity and immigration status
> from the USCIS (United States Citizenship and Immigration
> Servicesâ??formerly the INS). In addition, the IRS is quite aware of
> the potentialÂ*delays in securing an SSN which these new
> proceduresÂ*may cause some aliens. Furthermore, in the situation in
> which an alien is work-authorized under the immigration law andÂ*has
> met the Social Security Administration's evidence requirements forÂ*an
> SSN, but who is
> experiencing delays in securing an SSN caused by the SSA's new
> procedures, the IRS will not generallyÂ*issue an ITIN (Individual
> Taxpayer Identification Number) to such an alien.
>
> With respect to IRS penalties related to the payer's failure to
> furnish a payee TIN on an information return and on a payee
> statement, the fact that the payer does not have a payee TIN to
> report solely because the SSA is delaying an issuance of an SSN, or
> cannot issue an SSN,Â*to a work-authorized alien because of its new
> procedures, will cause the IRS to be
> quite favorable toward considering this situation one in which
> "reasonable cause" exists for not asserting such penalties. The
> payer should keep documentation to show that his failure to supply a
> payee TIN is caused solely by the SSA's new procedures for issuing
> SSN's to aliens.
>
> The IRS cannot speak to the issue of potential penalties which could
> be imposed by other federal, state, or local agencies for the failure
> of an employer or payer to report a payee's TIN on any required
> documents, except to note that the filing of the immigration Form I-9
> without an SSN does not constitute grounds, in and of itself, to
> reject the validity of the Form I-9. If an alien employee can prove
> his work-eligibility with documents listed on Form I-9 other than a
> U.S. social security card, then the alien's Form I-9, even though
> submitted without an SSN, is valid under the immigration law.
> ------------------------------------------------------------------
> --------
> http://www.ssa.gov/employer/hiring.htm
> Employer Responsibilities When Hiring Foreign Workers
>
> 2.What are an employerâ??s responsibilities when hiring foreign
> workers who donâ??t have Social Security numbers.
>
> Advise workers that they are required to apply for a Social Security
> number and card. If a worker applied for but has not yet received a
> Social Security number, you should get the following information as
> complete as possible: The workerâ??s full name, address, date of
> birth, place of birth, father's full name, mother's full maiden name,
> gender and the date he or she applied for a Social Security number.
Thank you very much for the information. I will print all of it out, and
show if my interview progresses that far. *keeps her fingers crossed*.
--
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