Noncitizen Eligibility for Employment Authorization and Work-Authorized Social Security Numbers (SSNs)

Noncitizen Eligibility for Employment Authorization and Work-Authorized Social Security Numbers (SSNs)

Noncitizen Eligibility for Employment
March 22, 2023
Authorization and Work-Authorized Social
Abigail F. Kolker
Security Numbers (SSNs)
Analyst in Immigration
Policy
While U.S. citizens who are of sufficient age are authorized to work in the United States,
noncitizens must have an immigration status that specifically authorizes them to work in
William R. Morton
the country; this is known as employment authorization. There are three categories of
Analyst in Income Security
employment authorization for noncitizens: (1) unrestricted work authorization, based on

immigration status; (2) authorization to work for a specific employer; and (3)
authorization at the discretion of the Department of Homeland Security (DHS). Some

categories of noncitizens, such as tourists and unauthorized noncitizens, are not eligible
for employment authorization and thus are not eligible to work legally in the United States.
Noncitizens with current employment authorization are eligible to obtain a Social Security number (SSN) that
indicates their work authorization at the time of the initial or subsequent SSN application; this is known as a
work-authorized SSN. An SSN is a unique nine-digit number issued by the Social Security Administration (SSA)
to U.S. citizens and certain noncitizens. To be assigned an SSN, an individual must (1) be a member of an eligible
assignment category; (2) meet the relevant evidentiary requirements with respect to age, identity, and
citizenship/immigration status (including work authorization status for certain noncitizens); and (3) have filed a
completed application with SSA.
Work-authorized SSNs are issued to U.S. citizen applicants, as well as to noncitizen applicants with current
employment authorization. However, noncitizen applicants who are authorized by DHS to work in the United
States on a temporary basis are issued SSN cards that contain the restrictive language “VALID FOR WORK
ONLY WITH DHS AUTHORIZATION.” Certain noncitizen applicants who are not authorized by DHS to work
in the United States but need an SSN to receive certain public benefits or services are issued SSN cards that
contain the restrictive language “NOT VALID FOR EMPLOYMENT.” This latter type is known as a non-work
SSN. About 99% of the SSNs issued by SSA each year are work-authorized SSNs.
This report examines noncitizen eligibility for employment authorization and work-authorized SSNs. It provides
an overview of immigration statuses and employment authorization for noncitizens, followed by an overview of
SSN eligibility and SSN card types. It concludes with tables that provide information on noncitizen eligibility for
employment authorization and work-authorized SSNs by immigration status.

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Contents
Introduction ..................................................................................................................................... 1
Overview of Immigration Statuses .................................................................................................. 1
Employment Authorization for Noncitizens .................................................................................... 2
Overview of SSN Eligibility and SSN Card Types ......................................................................... 3
Noncitizen Eligibility for Employment Authorization and Work-Authorized SSNs by
Immigration Status ....................................................................................................................... 7

Tables
Table 1. Employment Authorization and Work-Authorized SSN Eligibility for Selected
Noncitizens by Immigration Status .............................................................................................. 8
Table 2. Employment Authorization and Work-Authorized SSN Eligibility of
Nonimmigrants by Visa Category ............................................................................................... 11

Contacts
Author Information ........................................................................................................................ 21

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Noncitizen Eligibility for Employment Authorization and Work-Authorized SSNs

Introduction
The legal right to work in the United States is often referred to as employment authorization. U.S.
citizens (whether by birth or naturalization) who are of sufficient age are always authorized to
work in the United States.1 However, for noncitizens to be legally employed in the United States,
they must have an immigration status that specifically authorizes them to work in the country and,
in some cases, they must apply for and receive approval of their employment authorization.
Noncitizens with current employment authorization are eligible to obtain a Social Security
number (SSN) that indicates their work authorization status at the time of the initial or subsequent
SSN application; this is known as a work-authorized SSN.
Policymakers are often interested in whether noncitizens with different immigration statuses are
able to work legally in the United States because the issue intersects with other areas of federal
policy, such as the labor market and the federal budget.2 Policymakers are also interested in
whether noncitizens are authorized to work in the United States because some federal programs
and activities require individuals to have a work-authorized SSN to qualify for or receive the
support provided by the program or activity, such as certain federal tax credits.3
To help policymakers understand which noncitizens are able to work legally in the United States,
this report examines noncitizen eligibility for employment authorization and work-authorized
SSNs. It begins with an overview of immigration statuses and employment authorization for
noncitizens, followed by an overview of SSN eligibility and SSN card types. The report
concludes with tables that describe noncitizen eligibility for employment authorization and work-
authorized SSNs by immigration status.
Overview of Immigration Statuses
The Immigration and Nationality Act (INA)4 provides for the admission of foreign nationals (also
referred to as aliens or noncitizens in federal law and throughout this report) to the United States.
Some foreign nationals are admitted permanently, primarily through the family- or employment-
based immigrant system,5 and receive lawful permanent resident (LPR) status (commonly
referred to as obtaining a green card). Others are admitted as refugees or granted asylum6 and can
later obtain LPR status. Still others are admitted temporarily for specific purposes as

1 U.S. Department of Homeland Security (DHS), “E-Verify: What does ‘Work Authorized’ mean?,” February 9, 2012,
https://www.e-verify.gov/faq/self-check-work-authorization/what-does-work-authorized-mean.
2 For more information, see CRS Report R47164, U.S. Employment-Based Immigration Policy; and U.S. Congressional
Budget Office (CBO), How Changes in Immigration Policy Might Affect the Federal Budget, January 15, 2015,
https://www.cbo.gov/publication/49868.
3 For more information, see CRS In Focus IF12025, Refundable Tax Credits for Families in 2021; and CRS Insight
IN11830, The Child Tax Credit and Individual Taxpayer Identification Numbers (ITINs). See also CRS Insight
IN11376, Noncitizens and Eligibility for the 2020 Recovery Rebates.
4 The INA (P.L. 82-414) is Act of June 27, 1952, ch. 477, codified, as amended, at 8 U.S.C. §§1101 et seq.
5 For more information, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
6 Refugees and asylees are foreign nationals who fled their countries because of persecution, or a well-founded fear of
persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion. They
are permitted to live in the United States indefinitely. What differentiates refugees from asylees is that refugee
applicants are located outside the United States, while applicants for asylum are physically present in the United States
or at a land border or port of entry. For more information, see CRS Report RL31269, Refugee Admissions and
Resettlement Policy; and CRS Report R45539, Immigration: U.S. Asylum Policy.
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nonimmigrants (e.g., tourists, students, temporary workers).7 Some foreign nationals are present
in the United States in violation of the INA but may be granted discretionary reprieves from
removal (e.g., Deferred Action for Childhood Arrivals [DACA]8 or Temporary Protected Status
[TPS]9). In addition, some foreign nationals are present in the United States in violation of the
INA and without authorization (sometimes referred to as undocumented); they may have entered
without inspection, entered with fraudulent documents, or entered legally but overstayed the
terms of their temporary visas.10
Employment Authorization for Noncitizens
In general, noncitizens fall into one of four categories with respect to employment authorization
(also referred to as work authorization):
1. noncitizens who, by virtue of their age and immigration status, can work
anywhere in the United States for any employer (e.g., LPRs, refugees, asylees,
and trafficking victims who receive a T-1 visa, which is valid for four years and
confers employment authorization);
2. noncitizens who are authorized to work for a specific employer (e.g., H-2A
temporary agricultural workers, who must be employed by the employer that
petitioned for their visa);
3. aliens who must apply for employment authorization, which is granted at the
discretion of the Department of Homeland Security (DHS) and may include
restrictions (e.g., DACA recipients or the spouse of a nonimmigrant temporary
worker); and
4. aliens who are ineligible for employment authorization (e.g., tourists or
unauthorized immigrants).11
U.S. Citizenship and Immigration Services (USCIS), a component of DHS, issues an
Employment Authorization Document (EAD) to certain noncitizens as evidence that they are
authorized to work in the United States. LPRs do not need EADs, as their green cards are proof of
employment authorization. Similarly, aliens who are authorized to work for a specific employer
do not need an EAD; they can use their I-94 Arrival/Departure Record and nonimmigrant visa,
which includes the employer’s name. Refugees and asylees can use their I-94 Arrival/Departure
Record12 as proof of employment authorization, but they will typically be issued an EAD as well.
Other noncitizens (i.e., those who are authorized to work by virtue of their immigration status or
because they requested employment authorization from DHS) generally must apply for and be
granted an EAD before they may work in the United States.13

7 For more information, see CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United
States.
8 For more information, see CRS Report R45995, Unauthorized Childhood Arrivals, DACA, and Related Legislation.
9 For more information, see CRS Report RS20844, Temporary Protected Status and Deferred Enforced Departure.
10 For more information, see CRS Report R47218, Unauthorized Immigrants: Frequently Asked Questions.
11 8 C.F.R. §274a.12.
12 Asylees’ and refugees’ I-94 Arrival/Departure Record cards have a red stamp indicating work authorization.
13 USCIS, “Employment Authorization Document,” https://www.uscis.gov/green-card/green-card-processes-and-
procedures/employment-authorization-document. For data on EAD approvals for FY2003 through FY2022, see USCIS,
Form I-765, Application for Employment Authorization, Eligibility Category and Filing Type FY 2003-2022, December
30, 2022, https://www.uscis.gov/sites/default/files/document/data/I-765_Application_for_Employment_FY03-
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Employer Responsibility to Hire Work-Authorized Noncitizens
In 1986, Congress amended the INA to make it unlawful for a person or entity to knowingly hire, recruit, or refer
for a fee a noncitizen who is not authorized for employment in the United States.14 Consequently, all employers
are required to examine documents presented by new hires to verify identity and employment authorization and
to complete and retain employment eligibility verification forms (USCIS Form I-9).15
Overview of SSN Eligibility and SSN Card Types
An SSN—also known as a Social Security account number—is a unique nine-digit number issued
by the Social Security Administration (SSA) to U.S. citizens and certain noncitizens.16 SSNs were
established in 1936 to identify and track the earnings records of workers covered under Social
Security for purposes of determining program eligibility and computing benefit amounts.17 Over
the years, the use of SSNs has expanded to serving as a personal identifier for various non-Social
Security purposes, such as tax administration. In FY2019, SSA assigned about 5.5 million
original (i.e., new) SSNs, of which more than 1.5 million were for noncitizens.18 That same year,
SSA issued more than 12 million replacement SSN cards, of which about 780,000 were for
noncitizens.19
To be assigned an SSN, an individual must (1) be a member of an eligible assignment category;
(2) meet the relevant evidentiary requirements with respect to age, identity, and
citizenship/immigration status (including work authorization status for certain noncitizens); and
(3) have filed a completed application with the SSA. Pursuant to federal law and regulations, SSA
assigns SSNs to the following categories of individuals:
 U.S. citizens,
 noncitizens who are lawfully admitted to the United States for permanent
residence (i.e., LPRs),
 noncitizens who are lawfully admitted to the United States and authorized by
DHS to work in the United States, and

22_AnnualReport.pdf.
14 INA, §274A (8 U.S.C. §1324a).
15 USCIS, “I-9, Employment Eligibility Verification,” https://www.uscis.gov/i-9.
16 Social Security Act, §205(c)(2) (42 U.S.C. §405(c)(2)). See also 20 C.F.R. §§422.103-422.110; SSA, Program
Operations Manual System (POMS), “RM 102: The Social Security Number, Policy and General Procedures,”
https://secure.ssa.gov/apps10/poms.nsf/subchapterlist!openview&restricttocategory=01102; and SSA, “Social Security
Number and Card,” https://www.ssa.gov/ssnumber/.
17 Carolyn Puckett, “The Story of the Social Security Number,” Social Security Bulletin, vol. 69, no. 2, July 2009,
https://www.ssa.gov/policy/docs/ssb/v69n2/v69n2p55.html.
18 SSA, COVID–19 Pandemic Social Security Number (SSN) Service Delivery Improvement Plan, May 2021, in U.S.
Congress, Senate Committee on Finance, Social Security During COVID: How the Pandemic Hampered Access to
Benefits and Strategies for Improving Service Delivery, hearing, 117th Cong., 1st sess., April 29, 2021, S.Hrg. 117-421
(Washington, DC: GPO, 2022), pp. 75 and 78, https://www.govinfo.gov/content/pkg/CHRG-
117shrg48991/pdf/CHRG-117shrg48991.pdf (hereinafter, “SSA, SSN Service Delivery Improvement Plan, hearing”).
The total number of original SSNs assigned to noncitizens was calculated by CRS based on rounded subtotals in the
document. FY2019 was the most recent year for which SSN data by citizenship/immigration status were publicly
available.
19 Ibid. The total number of replacement SSN cards issued to noncitizens was calculated by CRS based on rounded
subtotals in the document.
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 certain noncitizens who are not authorized by DHS to work in the United States
but need an SSN to receive certain public benefits or services.20
SSN applicants are required to furnish SSA with sufficient evidence for the agency to verify their
age, identity, and citizenship/immigration status (including work authorization status for certain
noncitizens).21 The specific types of evidence and processes used to verify these factors can vary
based on whether the individual is a child or adult, whether the individual is a citizen or
noncitizen, and whether the application is for an original or replacement card.22 For example, SSA
verifies the citizenship status of U.S. citizens by examining U.S. birth certificates, U.S. passports,
and naturalization certificates (after DHS verification), among other types of evidence.23 For
noncitizens, SSA verifies work authorization and immigration status with DHS electronically
through the department’s Systematic Alien Verification for Entitlements (SAVE) program.24
The method of applying for an SSN can also vary.25 For instance, infants born in the United States
are generally assigned an SSN automatically (with the permission of the parent[s]) as part of the
hospital birth registration process under SSA’s Enumeration at Birth (EAB) program.26
Individuals (other than newborns) must typically visit an SSA field office or Social Security Card
Center to apply for an original SSN, with an in-person interview required for all original SSN
applicants aged 12 or older.27 However, noncitizens living in the United States may apply for an
SSN as part of the application process for an EAD or green card under the Enumeration Beyond
Entry (EBE) program, which is a joint effort between SSA and DHS.28 LPRs admitted to the
United States may also obtain an original or replacement SSN card as part of the visa application
process under the Enumeration at Entry (EAE) program, which is a joint effort between SSA,
DHS, and the Department of State.29 U.S. citizens ages 18 or older who require a replacement
card with no change to the SSN record may apply online under SSA’s Internet SSN Replacement
Cards (iSSNRC) program in most states.30(The iSSNRC option is not available to noncitizens.)

20 Social Security Act, §205(c)(2)(B) (42 U.S.C. §405(c)(2)(B)). See also 20 C.F.R. §422.104 and SSA, “Types of
Social Security Cards,” https://www.ssa.gov/ssnumber/cards.htm.
21 Social Security Act, §205(c)(2)(B)(ii) (42 U.S.C. §405(c)(2)(B)(ii)). See also 20 C.F.R. §422.103(c)(1).
22 SSA, “Learn what documents you will need to get a Social Security Card,”
https://www.ssa.gov/ssnumber/ss5doc.htm.
23 SSA, POMS, “RM 10210.505 Primary Level Evidence of U.S. Citizenship,” May 11, 2016,
https://secure.ssa.gov/apps10/poms.nsf/lnx/0110210505, and “RM 10210.500 General Information on Evidence of U.S.
Citizenship for a Social Security Number (SSN) Card,” July 31, 2019,
https://secure.ssa.gov/apps10/poms.nsf/lnx/0110210500.
24 SSA, SSN Service Delivery Improvement Plan, hearing, p. 77. See also USCIS, “SAVE,”
https://www.uscis.gov/save.
25 For more information on applying for an SSN, see SSA, POMS, “RM 10205.005 Where to File an Application for a
Social Security Card,” April 26, 2022, https://secure.ssa.gov/poms.NSF/lnx/0110205005.
26 SSA, POMS, “RM 10205.505 Enumeration at Birth Process,” April 20, 2021,
https://secure.ssa.gov/poms.nsf/lnx/0110205505. About 99% of SSNs for infants are assigned via EAB. In FY2019,
SSA assigned 3.8 million original SSNs via EAB (SSA, SSN Service Delivery Improvement Plan, hearing, p. 78).
27 SSA, SSN Service Delivery Improvement Plan, hearing, p. 77.
28 SSA, POMS, “RM 10205.700 Enumeration Beyond Entry (EBE),” May 4, 2020,
https://secure.ssa.gov/poms.nsf/lnx/0110205700. In FY2019, SSA assigned about 350,000 original SSNs and issued
almost 63,000 replacement cards to noncitizens living in the United States via EBE (SSA, SSN Service Delivery
Improvement Plan, hearing, p. 78).
29 SSA, POMS, “RM 10205.600 Enumeration-at-Entry,” October 6, 2020,
https://secure.ssa.gov/poms.nsf/lnx/0110205600. In FY2019, SSA assigned nearly 213,000 original SSNs and issued
almost 17,000 replacement cards to LPRs via EAE (SSA, SSN Service Delivery Improvement Plan, hearing, p. 78).
30 SSA, POMS, “RM 10205.630 Internet SSN Replacement Cards (iSSNRC) Policy,” February 14, 2013,
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Individuals who have been assigned SSNs are known as number holders. SSA issues number
holders their SSNs on one of three types of cards based on their work authorization and
citizenship/immigration status.31 All three types of cards note the number holder’s full name and
SSN. Each type of card indicates the type of SSN.
1. Unrestricted SSN Card. This type of card is issued to individuals who are
authorized to work in the United States indefinitely, such as U.S. citizens and
nationals, LPRs, refugees, and asylees.32 It contains no marked restriction on the
face of the card (known as the legend).33
2. Work SSN Card. This type of card is issued to noncitizens who are authorized
by DHS to work in the United States on a temporary basis. The legend on the
card contains the restrictive language “VALID FOR WORK ONLY WITH DHS
AUTHORIZATION.”34 According to SSA’s Office of the Inspector General,
“this legend indicates the card is only valid as proof of work authorization when
presented with a current, valid DHS employment authorization document.”35
3. Non-work SSN Card. This type of card is issued to certain noncitizens who are
not authorized by DHS to work in the United States but need an SSN to receive
certain public benefits or services (e.g., to receive Social Security benefits under
certain conditions).36 The legend on the card contains the restrictive language
“NOT VALID FOR EMPLOYMENT.”37

https://secure.ssa.gov/poms.nsf/lnx/0110205630. In FY2019, SSA issued about 1.3 million replacement cards to U.S.
citizens via iSSNRC (SSA, SSN Service Delivery Improvement Plan, hearing, p. 78).
31 20 C.F.R. §422.103(e)(3). See also SSA, “Types of Social Security Cards,”
https://www.ssa.gov/ssnumber/cards.htm; and SSA, Your Social Security Number and Card, pp. 4-5,
https://www.ssa.gov/pubs/EN-05-10002.pdf.
32 SSA also issues unrestricted SSN cards to citizens of a Compact of Free Association nation (i.e., Marshall Islands,
Micronesia, and Palau) under certain conditions. See SSA, POMS, “RM 10211.050 Evidence of Lawful Alien Status
for a Citizen of a Compact of Free Association (CFA) Nation Applying for an SSN Card,” April 16, 2013,
https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211050.
33 For an example of an unrestricted SSN card, see USCIS, Handbook for Employers M-274, “12.3 List C Documents
That Establish Employment Authorization,” https://www.uscis.gov/i-9-central/123-list-c-documents-establish-
employment-authorization.
34 For an example of a restricted SSN card with the language “VALID FOR WORK ONLY WITH DHS
AUTHORIZATION” on the legend, see U.S. Department of the Treasury, Internal Revenue Service (IRS), Publication
3535, Rev. 7-2012, https://www.irs.gov/pub/irs-pdf/p3535.pdf.
35 SSA, Office of the Inspector General (OIG), Multiple Social Security Numbers Assigned to Non-citizens Using the
Enumeration Beyond Entry Program, A-08-18-5047, December 17, 2019, p. 1, https://oig-files.ssa.gov/audits/full/A-
08-18-50472.pdf.
36 To qualify for a non-work SSN, a noncitizen must need an SSN to satisfy either (1) a federal statute or regulation that
requires the individual to have an SSN to receive a federally funded benefit to which the individual has otherwise
established entitlement and the individual resides either in or outside of the United States or (2) a state or local law that
requires the individual to have an SSN to receive public assistance benefits to which the individual has otherwise
established entitlement and the individual is legally in the United States (20 C.F.R. §422.104(a)(3)). For more
information, see SSA, POMS, “RM 10211.600 Requests for an SSN from an Alien without Work Authorization,” June
28, 2013, https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211600, “RM 10211.610 Valid Reasons to Assign an SSN
for Nonwork Purposes,” July 31, 2014, https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211610, and “RM 10211.615
Invalid Nonwork Reasons for SSN Assignment,” March 8, 2013,
https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211615. For more information on noncitizen eligibility for Social
Security, see CRS Report RL32004, Social Security Benefits for Noncitizens.
37 For an example of a restricted SSN card with the language “NOT VALID FOR EMPLOYMENT” on the legend, see
U.S. Department of the Treasury, IRS, Publication 3535, Rev. 7-2012, https://www.irs.gov/pub/irs-pdf/p3535.pdf.
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Unrestricted SSN cards and work SSN cards are collectively referred to as work-authorized SSN
cards.38 Nearly all of the SSNs assigned by SSA each year are work-authorized SSNs. For
example, of the more than 5.8 million original (i.e., new) SSNs assigned to both U.S. citizens and
noncitizens in FY2017,39 about 50,800 (less than 1%) were non-work SSNs for noncitizens
without work authorization.40 The rest were work-authorized SSNs for U.S. citizens and
noncitizens with work authorization.
Information on a number holder’s work authorization and citizenship/immigration status is stored
in the Numident, which is SSA’s master database of number holders and SSN applications. The
information in the Numident reflects the number holder’s status at the time the individual applied
for an SSN or last notified SSA of a change in status. Number holders who experience a change
in status that warrants a different SSN card may submit evidence of the change to SSA to receive
a new card with the appropriate legend under the same SSN.41 For example, if a noncitizen with a
non-work SSN card later obtains and submits evidence of work authorization from DHS, then
SSA will issue the individual a new work SSN card under the same SSN.
Because number holders sometimes fail to notify SSA of a change in their work authorization or
citizenship/immigration status, the information in the Numident (or on the SSN card) may not be
up to date.42 Consequently, an individual’s SSN or physical SSN card may not be indicative of
their current work authorization or citizenship/immigration status.43

38 SSA, POMS, “RM 10210.010 Evidence Policy for an Original or New SSN,” October 25, 2010,
https://secure.ssa.gov/apps10/poms.nsf/lnx/0110210010.
39 SSA, “Testimony by Nancy A. Berryhill, Acting Commissioner for Social Security Administration House Ways and
Means Subcommittee on Social Security,” May 17, 2018, https://www.ssa.gov/legislation/testimony_051718.html.
40 SSA, OIG, Assignment of Nonwork Social Security Numbers, A-08-18-50500, August 7, 2020, https://oig-
files.ssa.gov/audits/full/A-08-18-50500.pdf. According to SSA’s OIG:
In Fiscal Year 2017, SSA assigned 50,838 original nonwork SSNs. Of those, 6,805 noncitizens had
filed claims with SSA for benefits—a legitimate reason to need a nonwork SSN. Of the remaining
44,033 nonwork SSNs issued, 35,176 (80 percent) were issued to numberholders based on claims
to benefits from the State of Florida according to SSA’s records.... We verified with Florida’s
Department of Children and Families that these noncitizens were entitled, or establishing
entitlement, to state/local benefits. These noncitizens needed an SSN to receive Temporary
Assistance for Needy Families, Medicaid, and/or food stamps.
41 SSA, POMS, “RM 10211.510 Actions Required When an Alien’s Status Changes,” October 1, 2010,
https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211510.
42 According to SSA, “while a person’s basis for work authorization may change, if he or she does not report the
change to us (the law does not require cardholders to do so), then we cannot update our records” (SSA, “Statement of
Theresa L. Gruber Assistant Deputy Commissioner for Operations, before the Committee On Ways and Means
Subcommittee On Social Security,” April 13, 2011, https://www.ssa.gov/legislation/testimony_041311.html). See also
SSA, OIG, Employers Reporting Wages with Nonwork Social Security Numbers, A-03-18-50537, September 25, 2018,
pp. 6-7, https://oig-files.ssa.gov/audits/full/A-03-18-50537.pdf.
43 For example, Section 414 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-
208, Division C) requires that SSA report annually to Congress on the number of non-work SSNs with evidence of
earnings from IRS reports (8 U.S.C. §1360(c)). In its report for 2021, SSA stated that it credited earnings to 284,563
non-work SSNs. However, the agency noted, “because we are not notified when a noncitizen’s work authorization
status changes after we assign the SSN, the fact that IRS reports earnings to us for a nonwork SSN does not necessarily
mean that the number holder performed unauthorized work” (Letter from Kilolo Kijakazi, Acting Commissioner, SSA,
to the Honorable Richard J. Durbin, Chair, Committee on the Judiciary, U.S. Senate, February 8, 2022,
https://www.ssa.gov/legislation/NonWork%20Report2021.pdf).
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Noncitizen Eligibility for Employment
Authorization and Work-Authorized SSNs by
Immigration Status
The remainder of this report provides information on noncitizen eligibility for employment
authorization and work-authorized SSNs by selected immigration status. As noted in the previous
section, work-authorized SSNs include both unrestricted SSNs and work SSNs; they do not
include non-work SSNs.
Table 1 provides information on the employment authorization and work-authorized SSN
eligibility of noncitizens with selected immigration statuses. Although the universe of
immigration categories is vast, this table focuses on the categories that are frequently of interest
to lawmakers in examining noncitizen eligibility for employment authorization and work-
authorized SSNs.
Table 2 provides information on the employment authorization and work-authorized SSN
eligibility of nonimmigrants by visa category. Nonimmigrants who have temporary work
authorization are eligible for a work SSN card with the legend “VALID FOR WORK ONLY
WITH DHS AUTHORIZATION.”
The tables below reflect common eligibility situations and, as such, may not capture every
possible scenario.44

44 For example, the tables do not address SSA’s policy of not processing SSN applications when a noncitizen’s lawful
alien status is set to expire within 14 days of the filing. See SSA, POMS, “RM 10213.300 Procedure when a Person's
Evidence or Lawful Alien Status Expires within 14 Days of Filing for an SSN,” May 24, 2012,
https://secure.ssa.gov/apps10/poms.nsf/lnx/0110213300.
Congressional Research Service

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Table 1. Employment Authorization and Work-Authorized SSN Eligibility for Selected Noncitizens by Immigration Status
Eligible for Employment
Eligible for a Work-
Status
Class Description
Authorization
Authorized SSN
Afghan parolees
Afghan parolees refers to Afghan nationals paroled into the United States
Yesb
Yes, with DHS authorizationb
between July 31, 2021, and September 30, 2023.a
Asylees
Asyleesc are foreign nationals who are unable or unwil ing to return to
Yes
Yes
their countries because of persecution, or a well-founded fear of
persecution, on account of race, religion, nationality, membership in a
particular social group, or political opinion. They are permitted to live in
the United States indefinitely.
Asylum applicants
Asylum applicants refers to applicants who have applied for but not yet
Yes, with DHS authorization,
Yes, with DHS authorization,
been granted asylum.
which can only be granted at
which can only be granted at
least180 days after applying for
least 180 days after applying
asylumd
for asylumd
Deferred Action for
DACA recipients are unauthorized childhood arrivals who meet certain
Yes, if authorized by DHS
Yes, with DHS authorization
Childhood Arrivals
criteria and have been granted renewable two-year protection from
(DACA) recipients
removal.e
Deferred Enforced
DED recipients are foreign nationals from countries who have been
Yes, if directed by the President
Yes, with DHS authorization
Departure (DED)
granted a temporary, discretionary, administrative stay of removal at the
in the country’s designation for
and if directed by the
recipients
President’s discretion, usually in response to war, civil unrest, or natural
DEDg
President in the country’s
disasters.f
designation for DEDg
Humanitarian parolees
Humanitarian parolees are noncitizens granted permission to enter or
Yes, if authorized by DHS
Yes, with DHS authorization
remain temporarily in the United States for urgent humanitarian reasons
or significant public benefit.h
Lawful Permanent
LPRs are foreign nationals permitted to live in the United States
Yes
Yes
Residents (LPRs)
permanently (also referred to as green card holders).i
Nonimmigrants
Nonimmigrants are foreign nationals admitted to stay in the United States See Table 2, in which eligibility for employment authorization and
on a temporary basis and for a specific purpose (e.g., tourists, students,
a work-authorized SSN are presented by specific nonimmigrant
diplomats, temporary workers).j
category
Refugees
Refugeesc are foreign nationals who are unable or unwil ing to return to
Yes
Yes
their countries because of persecution, or a well-founded fear of
persecution, on account of race, religion, nationality, membership in a
particular social group, or political opinion. They are permitted to live in
the United States indefinitely.
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Eligible for Employment
Eligible for a Work-
Status
Class Description
Authorization
Authorized SSN
Temporary Protected
TPS holders have been granted temporary relief from removal due to
Yesk
Yes, with DHS authorizationk
Status (TPS) recipients
armed conflict, natural disaster, or other extraordinary circumstances in
their home countries that prevent their safe return.f
Ukrainian parolees
Ukrainian parolees refers to Ukrainian nationals paroled into the United
Yesm
Yes, with DHS authorizationm
States between February 24, 2022, and September 30, 2023.l
Unauthorized
Unauthorized noncitizens are foreign nationals who enter without
No
No
noncitizens
inspection, enter with fraudulent documents, or enter legally but overstay
the terms of their temporary stay.n
Source: Congressional Research Service (CRS), based on the fol owing resources: 8 C.F.R. §274a.12; U.S. Citizenship and Immigration Services (USCIS), Policy Manual,
“Part A - Employment Authorization Policies and Procedures Chapter 2 - Eligibility Requirements,” https://www.uscis.gov/policy-manual/volume-10-part-a-chapter-2; and
Social Security Administration (SSA), Program Operations Manual System (POMS), “RM 10211.510 Actions Required When an Alien’s Status Changes,” October 1, 2010,
https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211510; “RM 10211.420 Employment Authorization for Non-immigrants,” June 2, 2022,
https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420; and “EM-22038 REV: Enumeration: Employment Authorization Incident to Status for Certain Afghan and
Ukrainian Humanitarian Paroles,” December 22, 2022, https://secure.ssa.gov/apps10/reference.nsf/links/07132022070526AM.
Notes: DACA = Deferred Action for Childhood Arrivals; DED= Deferred Enforced Departure; DHS = U.S. Department of Homeland Security; SSN = Social Security
number; TPS = Temporary Protected Status.
a. Or individuals with no nationality who last habitually resided in Afghanistan, or those paroled after September 30, 2023, with a qualifying family connection (e.g.,
child, spouse, parent of specified individuals). For more information on immigration parole, see CRS Report R46570, Immigration Parole.
b. As of November 21, 2022, Afghan parolees do not need to apply for employment authorization. They are considered employment authorized incident to parole. For
more information, see USCIS, Certain Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole, https://www.uscis.gov/newsroom/alerts/certain-
afghan-and-ukrainian-parolees-are-employment-authorized-incident-to-parole. However, they generally must show their employer an unexpired Employment
Authorization Document (EAD) within 90 days of the date of hire. USCIS recommends that Afghan parolees apply for an SSN as part of the application process for
employment authorization (Form I-765) under the Enumeration Beyond Entry (EBE) program (see USCIS, Information for Afghan Nationals, “Social Security Number
and Card,” https://www.uscis.gov/humanitarian/information-for-afghan-nationals).
c. Refugees are generally outside of their country of origin and are processed and admitted to the United States from abroad. Asylees meet the same definition as
refugees but are physically present in the United States or at a land border or port of entry. For more information on refugees, see CRS Report R47399, U.S.
Refugee Admissions Program. For more information on aslyees, see CRS Report R45539, Immigration: U.S. Asylum Policy.
d. Asylum applicants may apply for employment authorization 150 days after filing their asylum application. Applicants must wait an additional 30 days to receive work
authorization, for a total waiting period of 180 days (8 U.S.C. §1158(d)(2); 8 C.F.R. §208.7(a)).
e. For more information, see CRS Report R45995, Unauthorized Childhood Arrivals, DACA, and Related Legislation.
f.
For more information, see CRS Report RS20844, Temporary Protected Status and Deferred Enforced Departure.
g. In general, the President directs executive agencies to implement procedures to provide DED and related benefits, such as employment authorization. DED
recipients must apply to DHS for work authorization.
CRS-9

h. For more information, see CRS Report R46570, Immigration Parole.
i.
For more information, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
j.
For more information, see CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United States.
k. Although TPS recipients are eligible for employment authorization incident to status, a separate application for employment authorization is required. In its policy
manual, SSA classifies TPS recipients as “Aliens Who Require an EAD from DHS Authorizing Employment” (SSA, POMS, RM 10211.420[G][2]).
l.
Or non-Ukrainian individuals who habitually resided in Ukraine, or those individuals’ spouses or unmarried children under the age of 21 who are paroled into the
United States after September 30, 2023. For more information on immigration parole, see CRS Report R46570, Immigration Parole.
m. As of November 21, 2022, Ukrainian parolees do not need to apply for employment authorization. They are considered employment authorized incident to parole.
For more information, see USCIS, Certain Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole, at
https://www.uscis.gov/newsroom/alerts/certain-afghan-and-ukrainian-parolees-are-employment-authorized-incident-to-parole. However, USCIS recommends that
Ukrainian parolees apply for an SSN as part of the application process for employment authorization (Form I-765) under the EBE program (USCIS, Uniting for
Ukraine, “Obtaining a Social Security Number and Card,” https://www.uscis.gov/ukraine).
n. For more information, see CRS Report R47218, Unauthorized Immigrants: Frequently Asked Questions.
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Table 2. Employment Authorization and Work-Authorized SSN Eligibility of Nonimmigrants by Visa Category
Eligible for Employment
Eligible for a Work-
Visa
Class Description
Period of Stay
Authorization
Authorized SSNa
A-1
Ambassador, public minister, career
Duration of assignment
Yes, within scope of official duties Yes
diplomat, and consul

Spouse or child of principal A-1
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
A-2
Other foreign government official or
Duration of assignment
Yes, within scope of official duties
Yes
employee

Spouse or child of principal A-2
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
A-3
Attendant or personal employee of A-
Up to three years
Yes, if formal bilateral
Yes
1/A-2
employment agreements or
informal de facto reciprocal
arrangements exist with principal’s
country and the Department of
State provides a favorable
recommendation

Spouse or child of principal A-3
Same as principal
No
No
B-1
Visitor for business
Up to one year
Yes, if authorized by DHS
Yes, with DHS
authorization
B-2
Visitor for pleasure
Six months to one year
No
No
C-1
Alien in transit
Up to 29 days
No
No
C-2
Person in transit to United Nations
Up to 29 days
Yes; only as a foreign government
Nob
Headquarters
official in transitb
C-3
Foreign government official, immediate
Up to 29 days
Yes; only as a foreign government
Nob
family, attendant, or personal employee
official in transitb
in transit
CW-1
Commonwealth of the Northern
Up to one year
Yes
Yes, valid only in CNMI
Mariana Islands (CNMI) transitional
worker
CW-2
Spouse or child of CW-1
Same as principal
No
No
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Eligible for Employment
Eligible for a Work-
Visa
Class Description
Period of Stay
Authorization
Authorized SSNa
D-1/D-2
Crew member
Up to 29 days
Yes; only as an employee of the
No
carrier; there are exceptions for
longshore work in certain cases
E-1
Treaty trader and employee
Up to two years
Yes, within the scope of treaty
Yes
conditions

Spouse of principal E-1
Same as principal
Yes, if over age 21c
Yes

Child of principal E-1
Same as principal
No
No
E-2
Treaty investor and employee
Up to two years
Yes, within the scope of treaty
Yes
conditions

Spouse of principal E-2
Same as principal
Yes, if over age 21c
Yes

Child of principal E-2
Same as principal
No
No
E-2C
CNMI treaty investor
Up to two years
Yes, within the scope of treaty
Yes, valid only in CNMI
conditions; only permitted to
work in CNMI

Spouse of principal E-2C
Same as principal
Yes, if authorized by DHS; only
Yes, with DHS
permitted to work in CNMI
authorization; valid only in
CNMI

Child of principal E-2C
Same as principal
No
No
E-3
Australian specialty occupation
Up to two years
Yes, within the scope of treaty
Yes
professional
conditions

Spouse of principal E-3
Same as principal
Yes, if over age 21c
Yes

Child of principal E-3
Up to two years
No
No
E-3D
Spouse of E-3
Same as principal
Yes
Yes

Child of principal E-3
Same as principal
No
No
E-3R
Returning E-3
Up to two years
Yes, within the scope of treaty
Yes
conditions
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Eligible for Employment
Eligible for a Work-
Visa
Class Description
Period of Stay
Authorization
Authorized SSNa
F-1
Foreign student (academic or language
Period of study (limited to 12 months
Yes, requires DHS authorization
Yes, requires DHS
training program)
for secondary students)
in certain circumstances
authorization in certain
circumstances
F-2
Spouse or child of F-1
Same as principal
No
No
F-3
Border commuter academic or
Period of study
Yes, only practical training related
Yes, requires DHS
language student
to degree
authorization in certain
circumstances
G-1
Principal resident representative of
Duration of assignment
Yes, within scope of official duties Yes
recognized foreign member
government to international
organization, and staff

Spouse or child of principal G-1
Same as principal
Yes, pursuant to bilateral
Yes, with DHS
agreements or reciprocal
authorization
arrangements with principal’s
country and if authorized by DHS
G-2
Other representative of recognized
Duration of assignment
Yes, within scope of official duties
Yes
foreign member government to
international organization, and staff

Spouse or child of principal G-2
Same as principal
No
No
G-3
Representative of unrecognized or
Duration of assignment
Yes, within scope of official duties
Yes
nonmember foreign member
government to international
organization, and staff

Spouse or child of principal G-3
Same as principal
Yes, pursuant to bilateral
Yes, with DHS
agreements or reciprocal
authorization
arrangements with principal’s
country and if authorized by DHS
G-4
International organization officer or
Duration of assignment
Yes, within scope of official duties
Yes
employee
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Eligible for Employment
Eligible for a Work-
Visa
Class Description
Period of Stay
Authorization
Authorized SSNa

Spouse or child of principal G-4
Same as principal
Yes, pursuant to bilateral
Yes, with DHS
agreements or reciprocal
authorization
arrangements with principal’s
country and if authorized by DHS
G-5
Attendant or personal employee of G-1 Up to three years
Yes, within scope of official duties
Yes
through G-4

Spouse or child of principal G-5
Same as principal
No
No
H-1B
Temporary worker—professional
Specialty occupation: up to three years
Yes
Yes
specialty occupation
(but may not exceed the validity period
of the labor conditions application);
Department of Defense, research &
development: up to five years; fashion
model: up to three years
H-1B1
Free trade agreement professional
One year
Yes
Yes
from Chile or Singapore
H-2A
Temporary worker—agricultural
Up to one year
Yes
Yes
workers
H-2B
Temporary worker—nonagricultural
Up to one year (or up to three years in
Yes
Yes
workers
the case of a one-time event)
H-3
Temporary worker—trainee
Alien trainee: up to two years
Yes, as part of the training
Yes
Special education exchange visitor
program
program: up to 18 months
H-4
Spouse or child of H-1B1, H-2A, H-2B,
Same as principal
No
No
or H-3

Spouse H-1B
Same as principal
Only if H-1B spouse has an
Yes, with DHS
approved petition for
authorization
employment-based LPR status and
if authorized by DHS

Child of H-1B
Same as principal
No
No
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Eligible for Employment
Eligible for a Work-
Visa
Class Description
Period of Stay
Authorization
Authorized SSNa
I
Representative of foreign information
Duration of employment
Yes, only as employee of foreign
Yes
media
media

Spouse or child of principal I
Same as principal
No
No
J-1
Cultural exchange visitor
Period of program
Yes, if program has work
Yes, if program has work
component
component
J-2
Spouse or child of J-1
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
K-1
Fiancé(e) of U.S. citizen
Valid for four months; must marry
Yes
Yes
within 90 days of entry to adjust status
K-2
Child of K-1
Same as principal
Yesd
Yes, with DHS
authorizationd
K-3
Spouse of U.S. citizen awaiting LPR visa
Two years
Yes, if authorized by DHS
Yes, with DHS
authorization
K-4
Child of K-3
Two years or until 21st birthday
Yes, if authorized by DHS
Yes, with DHS
authorization
L-1
Intracompany transferee (executive,
Up to three years, except when
Yes
Yes
managerial, and specialized knowledge
beneficiary is coming to open or be
personnel continuing employment with
employed in a new office—under this
international firm or corporation)
circumstance, up to only one year
L-2
Spouse of L-1
Same as principal
Yes, if over age 21c
Yes

Child of L-1
Same as principal
No
No
M-1
Vocational student
Duration of study
Only practical training related to
Yes, with DHS
degree
authorization
M-2
Spouse or child of M-1
Same as principal
No
No
M-3
Border commuter vocational or
Period of study
Only practical training related to
Yes, with DHS
nonacademic student
degree
authorization
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Eligible for Employment
Eligible for a Work-
Visa
Class Description
Period of Stay
Authorization
Authorized SSNa
North Atlantic
Principal permanent representative of
Tour of duty
Yes, within scope of official duties
Yes
Treaty
member nations to NATO, high-
Organization
ranking NATO official
(NATO)-1

Spouse or child of principal NATO-1
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
NATO-2
Other representatives of member
Tour of duty
Yes, within scope of official duties
Yes
states to NATO (including any of its
subsidiary bodies); dependents of
member of a force entering in
accordance with provisions of NATO
agreements; members of such force if
issued visas

Spouse or child of principal NATO-2
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
NATO-3
Official clerical staff accompanying a
Tour of duty
Yes, within scope of official duties
Yes
representative of a member state to
NATO

Spouse or child of principal NATO-3
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
NATO-4
Officials of NATO (other than those
Tour of duty
Yes, within scope of official duties
Yes
classifiable as NATO-1)

Spouse or child of principal NATO-4
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
NATO-5
Experts, other than NATO-4 officials,
Tour of duty
Yes, within scope of official duties
Yes
employed in missions on behalf of
NATO

Spouse or child of principal NATO-5
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
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Eligible for Employment
Eligible for a Work-
Visa
Class Description
Period of Stay
Authorization
Authorized SSNa
NATO-6
Civilian employees of a force entering
Tour of duty
Yes, within scope of official duties
Yes
in accordance with the provisions of
NATO agreements or attached to
NATO headquarters

Spouse or child of principal NATO-6
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
NATO-7
Attendant or personal employee of
Up to three years
Within scope of official duties
Yes
NATO-1 through NATO-6

Spouse or child of principal NATO-7
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
N-8
Parent of certain special immigrants
Up to three years, as long as special
Yesd
Yes, with DHS
(pertaining to international
immigrant remains a child
authorizationd
organizations)
N-9
Child of N-8 or of certain special
Up to three years, until no longer a
Yesd
Yes, with DHS
immigrants (pertaining to international
child
authorizationd
organizations)
O-1
Person with extraordinary ability in the
Up to three years
Yes
Yes
sciences, arts, education, business, or
athletics
O-2
Person accompanying and assisting in
Up to three years
Yes
Yes
the artistic or athletic performance by
O-1
O-3
Spouse or child of O-1 or O-2
Same as principal
No
No
P-1
Internationally recognized athlete or
Up to five years for individual; up to
Yes
Yes
member of an internationally
one year for group or team
recognized entertainment group and
essential support
P-2
Artist or entertainer in a reciprocal
Up to one year
Yes
Yes
exchange program and essential
support
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Eligible for Employment
Eligible for a Work-
Visa
Class Description
Period of Stay
Authorization
Authorized SSNa
P-3
Artist or entertainer in a culturally
Up to one year
Yes
Yes
unique program and essential support
P-4
Spouse or child of P-1, P-2, or P-3
Same as principal
No
No
Q-1
International cultural exchange program Duration of program; up to 15 months
Yes, with employer approved by
Yes
participant
program
R-1
Religious worker
Up to 30 months
Yes
Yes
R-2
Spouse or child of R-1
Same as principal
No
No
S-5
Criminal informant
Up to three years
Yes, if authorized by DHS
Yes, with DHS
authorization
S-6
Terrorist informant
Up to three years
Yes, if authorized by DHS
Yes, with DHS
authorization
S-7
Spouse or child of S-5 and S-6
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
T-1
Victim of human trafficking
Up to four years; may adjust to LPR
Yesd
Yes, with DHS
status if conditions are met
authorizationd
T-2
Spouse of T-1
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
T-3
Child of T-1
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
T-4
Parent of T-1
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
T-5
Unmarried sibling of T-1 under age 18
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
T-6
Adult or minor child of T-1
Same as principal
Yes, if authorized by DHS
Yes, with DHS
authorization
TN
North American Free Trade
Up to three years
Yes
Yes
Agreement (NAFTA) professional
TD
Spouse or child of TN
Three years
No
No
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Eligible for Employment
Eligible for a Work-
Visa
Class Description
Period of Stay
Authorization
Authorized SSNa
U-1
Victim or informant of criminal activity
Up to four years; may lead to
Yesd
Yes, with DHS
adjustment to LPR status if specified
authorizationd
conditions are met.
U-2
Spouse of U-1
Same as principal
Yesd
Yes, with DHS
authorizationd
U-3
Child of U-1
Same as principal
Yesd
Yes, with DHS
authorizationd
U-4
Parent of U-1 under age 21
Same as principal
Yesd
Yes, with DHS
authorizationd
U-5
Unmarried sibling of U-1 under age 18
Same as principal
Yesd
Yes, with DHS
authorizationd
V-1
Spouse of LPR who has petition
Up to two years
Yesd
Yes, with DHS
pending for three years or longer;
authorizationd
transitional visa that leads to LPR status
when visa becomes available
V-2
Child of LPR who has petition pending
Up to two years, or until 21st birthday
Yesd
Yes, with DHS
for three years or longer
authorizationd
V-3
Child of V-1 or V-2
Up to two years, or until 21st birthday
Yesd
Yes, with DHS
authorizationd
Source: CRS, based on the fol owing resources: 8 C.F.R. §274a.12; Table A-1 in CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United
States; U.S. Citizenship and Immigration Services (USCIS), Policy Manual, “Part A - Employment Authorization Policies and Procedures Chapter 2 - Eligibility
Requirements,” https://www.uscis.gov/policy-manual/volume-10-part-a-chapter-2; and Social Security Administration (SSA), Program Operations Manual System (POMS),
“RM 10211.420 Employment Authorization for Non-immigrants,” June 2, 2022, https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420.
Notes: CNMI = Commonwealth of the Northern Mariana Islands; DHS = U.S. Department of Homeland Security; LCA = labor condition application; LPR = lawful
permanent resident; NAFTA = North American Free Trade Agreement; NATO = North Atlantic Treaty Organization; SSN = Social Security number.
a. Aliens who are authorized to work in the United States by virtue of their immigration status are generally issued an Employment Authorization Document (EAD) by
USCIS. SSA typically requires such aliens to submit their EAD as evidence of their employment authorization for purposes of the SSN application process.
b. 8 C.F.R. §274a.12(b)(3) specifies that foreign government officials in transit who hold C-2 or C-3 visas may only be employed by their foreign government entity.
However, RM 10211.420(G)(3) in SSA’s policy manual states that C-2 and C-3 visa holders are not authorized to work in the United States, while RM 10211.530
states that C-2 visa holders are not allowed to work in the United States but that foreign government officials in transit with a C-3 visa are allowed to work (see
SSA, POMS, “RM 10211.530 List of Documents Establishing Lawful Alien Status for an SSN Card,” July 13, 2018,
CRS-19

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530). Given this discrepancy, it is unclear if SSA would assign a work-authorized SSN to a foreign government
official in transit who holds a C-2 or C-3 visa.
c. USCIS, “USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses,” https://www.uscis.gov/newsroom/alerts/uscis-updates-
guidance-on-employment-authorization-for-e-and-l-nonimmigrant-spouses.
d. Individuals in this category are authorized for employment incident to immigration status; however, DHS regulations specify that this is “evidenced by an
employment authorization document issued by the Service” (8 C.F.R. §274a.12). In addition, SSA requires that individuals in this category provide evidence of their
EAD in order to receive a work-authorized SSN (SSA, POMS, RM 10211.420(G)(2)).
CRS-20

Noncitizen Eligibility for Employment Authorization and Work-Authorized SSNs

Author Information

Abigail F. Kolker
William R. Morton
Analyst in Immigration Policy
Analyst in Income Security

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
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Congressional Research Service
R47483 · VERSION 2 · NEW
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