Can Hubby Start Working Before He Receives His SS#

[Mami-cinco]

Can Hubby Start working before he receives his SS #, if so what does the employer put in to process his paychecks???? Hope that makes sense. I told him that I thought they could just make a copy of passport and wait for number???

[kitkat1]

If the employer allows him to work without a SSN, it's legal. But most employers believe an SSN is requirement. You might try asking them if he can begin work with proof that his SSN has been applied for - but they wouldn't be able to pay him unless they will accept an ITIN (which means he would have to already have one since that would take longer than the SSN which shouldn't be more than a few weeks).

[Mami-cinco]

If the employer allows him to work without a SSN, it's legal. But most employers believe an SSN is requirement. You might try asking them if he can begin work with proof that his SSN has been applied for - but they wouldn't be able to pay him unless they will accept an ITIN (which means he would have to already have one since that would take longer than the SSN which shouldn't be more than a few weeks).

Ok great info because he does have the ITIN #, he can show them that and give them the SSN when it comes, thanks

[nineten]

IMO if an employer hires anybody without a social they might have to end up answering to social security, labor board, and lest we forget their insurance company. If the individual trip and hurts himself, the insurance company could contest paying for medical because the employee wasn't hired with a valid social therefore he shouldn't have been actively working on company ground.

[kitkat1]

Proof of a valid SSN is actually not the only option to show an employer. There are several different things listed on the I-9 that the employer can accept. Clearly an SSN is the most common and therefore most often used. But it is perfetly legal for an employer to see proof of legal ability to work in the US, such as an employment authorization document and additional ID, to comply with the I-9 requirements. So if an employer is willing to allow the person who shows documents that establish both their identify and their eligiblity to work, not including an SSN, it's perfectly legal. How they would handle paying would be another issue - an ITIN is an option. Since this is a temporary situation for the OP, it's best to ask the employer how they would best like to handle. My husband's employer was fine seeing his ID and EAD - and waited to pay him until he had received his SSN.

BTW, if you look at this list, an SSN is not a requirement to work in the US - it's just one of the things used to establish employment authorization.

http://www.twc.state.tx.us/news/efte/i_9_requirements_lists.html

[Mami-cinco]

Has anyone else here been able to start work before getting the ss#? If so, did they accept the ITIN# to get paid? My hubby works for two restaurants and I am afraid they are going to make him wait. That is a long time with no income, even if it is several weeks.

[Mami-cinco]

Bump :d

[kitkat1]

My husband started working without his SSN in hand. He had applied for it and had a letter showing that he had. The employer did not require him to show it - they took him at his word because they could not issue him a paycheck until he provided them with his SSN (he never had an ITIN). The only way you'll know for sure is to have your husband ask his employer if they can initially pay him using his ITIN and as soon as he has the SSN, switch to that.

[Mami-cinco]

My husband started working without his SSN in hand. He had applied for it and had a letter showing that he had. The employer did not require him to show it - they took him at his word because they could not issue him a paycheck until he provided them with his SSN (he never had an ITIN). The only way you'll know for sure is to have your husband ask his employer if they can initially pay him using his ITIN and as soon as he has the SSN, switch to that.

Thanks, it is kinda of crazy to come back legal and not have his full hours back because they thought he may not come and then not really knowing if he can start with the ITIN. Both places are larger restaurant chains and the people he talked to on friday were not sure, so he is going in tomorrow. He will bring all the paperwork.

[Adelita]

Your husband's employers must complete I-9 Forms to verify that he is eligible to work legally. All employers have to do that.

The I-9 Regulations state that:

If the employee is unable to present the actual documents to satisfy the I-9 regulations within those three days, the employee must present a receipt for application of replacement document(s) and the actual document within (90) ninety days.

This information can be found at the following website:

http://www1.umn.edu/ohr/payroll/i9regs.html

So, have your husband show the receipt that he applied for a social, then he has 90 days to take the actual SS card in.

Also, putting the actual SS # on the I-9 form is optional, so he doesn't have to put anything in that space, since he doesn't know what his number will be.

Note: The Social Security box in Section 1 is optional. The employer cannot compel the employee to complete that box. Also, in a recent court decision, the 8th Circuit Court of Appeals concluded that an unsigned social security card can be used as evidence of authorized employment for I-9 purposes. (8th CA, 7-16-06)

I hope that helps!

[kitkat1]

There are plenty of other documents he can show to prove employment eligibility and identification to comply with the I-9. Again, his SSN is not a requirement. But if he plans to use that to get paid, clearly the sooner he provides the actual number to his employer, the better.

[Mami-cinco]

There are plenty of other documents he can show to prove employment eligibility and identification to comply with the I-9. Again, his SSN is not a requirement. But if he plans to use that to get paid, clearly the sooner he provides the actual number to his employer, the better.

Well that is my point, we are worried about how he will get paid until he gets it not showing the identification. We will just have to borrow money until he can get paid. :waiting: