Having a Social Security Number Does Not Automatically Permit You to Work in the US

‍

The Misconception About Social Security Numbers and Work Authorization

Social Security Numbers and Non-Immigrant Visas

Often, people in the US on non-immigrant visas, particularly F1 student visas, will obtain Social Security Numbers (SSNs) through a university work program or Optional Practical Training (OPT). However, when these work permit programs expire, some students continue to work using the SSN they received during their university work permit program, often believing it is acceptable as long as they comply with US work regulations, such as paying taxes.

The Risk of Unauthorized Work

Universities sometimes advise students that it is okay to continue working as long as taxes are paid. However, this advice is misleading and could jeopardize the student’s ability to obtain US permanent residency in the future. Any work in the US without a properly obtained and valid work permit is considered “unauthorized work.”

‍

The Role of Companies in Unauthorized Work

Ride-Sharing Companies and Independent Contractors

Companies like ride-sharing platforms have become popular sources of unauthorized work because they hire workers as independent contractors and require only an SSN. Since these companies do not use E-Verify, they can hire drivers with just an SSN. However, even if you are hired as an independent contractor and pay taxes properly, you may still be engaging in unauthorized work.

‍

The Consequences of Unauthorized Work

Permanent Residency Applications and Work History

Most permanent residency applications require the applicant to detail their work history. All applications also require the immigrant to answer all questions truthfully. If a student has worked without proper authorization, even while paying taxes, they have developed a trackable work history that can be cross-referenced during the green card application process.

Adjustment of Status Rules

Under adjustment of status rules, an immigrant cannot have performed unauthorized work while on a non-immigrant visa. However, there is some leniency if the unauthorized work did not exceed 180 days. Despite this, unauthorized work is still a significant risk and should be avoided.

‍

The Best Advice for Non-Immigrant Visa Holders

Avoid Unauthorized Work

Unauthorized work is a bad idea in any circumstance. Non-immigrant visa holders should avoid working in any job for which the US government has not issued a work permit. While there may be legal exceptions that allow non-immigrant visa holders to apply for permanent residency, the safest course of action is to avoid unauthorized work entirely.