Skip to main content

Do I need to show my I94 to get a SSN if I have a EAD card? (AOS pending)

Springfield, MO |

I just had my AOS interview yesterday. It went well but I was told to wait to get a formal answer.
I got my EAD card a few days before the interview but did not have time to go get a SSN then so I went today. When applying for the SSN I heard the SSN office worker asking his co-worker about my I94. I immediately explained the worker that my I94 was taken from me by the officer during my AOS interview. He kept telling me it wasn't required to apply the SSN but it kept me worried... was I expected to give a I94 number? The application did not ask for one either. Would the worker have let me apply for the SSN even if he didn't have all the required documents?

Attorney Answers 1

Posted

Each SSA office deals with different types of noncitizens, and some may prove their eligibility with their I-94 (for example, temporary visitors, temporary workers who entered with an employment visa), but others may prove their eligibility with an EAD, or some other document. You are not required to have your I-94, the worker who asked about it may have just been reacting to his own past experiences with people who used I-94s to prove eligibility. Good luck!

The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.

Mark as helpful

1 found this helpful

1 lawyer agrees

8 comments

Asker

Posted

yes, the status I am adjusting from is a f1 status (as the stamp on my passport indicated it) so i guess my i94 could not have proved anything anyways.

Daniel Warren Thomann

Daniel Warren Thomann

Posted

If you had been seeking a SSN as a work-authorized student (on CPT, or authorized to work on campus) you would have used your I-94 (and some other documentation). Your eligibility now comes from having a pending AOS application, and the evidence of that is your EAD. Hence, you don't need an I-94. Good luck!

Asker

Posted

awesome ! thanks ! And I actually found out my i94 number/information could be retrieved on the CBP website if it is even needed to be presented to an employer etc... Can I start working while I am waiting for my SSN or do I have to wait to get my card? Is it up to the employer?

Daniel Warren Thomann

Daniel Warren Thomann

Posted

An EAD with a photograph is a "List A" document establishing identity and work authorization. Unless your employer uses E-Verify, a Social Security number should not be necessary for your employer in terms of knowing that you are allowed to work. They will probably need it for tax purposes, though, so I guess it depends on the employer.

Asker

Posted

if the employer does use e-verify (im sure they do, it's a big firm), should I just tell any potential employer i can only start working (and fill out all the other tax forms/i-9) once I get my SSN? I'm pretty sure the I-9 requires a SSN

Daniel Warren Thomann

Daniel Warren Thomann

Posted

The I-9 does not require a SSN, but E-Verify does. If your employer uses E-Verify they will not be able to confirm that you are authorized to work until you have a SSN. Why not just apply for a SSN?

Asker

Posted

I just did today :) Would E-verify be able to confirm I have applied for the SSN even though i did not get the Social Security Card by the mail yet?

Daniel Warren Thomann

Daniel Warren Thomann

Posted

No. You don't need the card, however, you just need the number. Perhaps the SS office can find out if a number has been issued before the card arrives. Good luck!

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics