Homeland Security Authorization?

Superlative_KC

When asked for identification for the I9, a new hire presented a valid driver's license and a social security card. The SS Card was stamped with "Valid for work only with DHS Authorization."

When asked for the DHS Authorization she said she could only apply for it after she had obtained a job. Should I let her go ahead and work?

Additionally, a couple of years ago we had a similar scenario except in this instance the employee had the authorization, but failed to mention that she was exempt from FICA withholding. We had to reimburse her and refile tax statements for 3 quarters.

How can I tell whether this new hire, assuming she produces the DHS authorization, is exempt from Social Security withholding?

Don D

This is a very interesting post. I know nothing about the subject but would like to see comments from some who do. All I can do is bump it back to the top. Hopefully we'll get some responses.

TN HR

[font size="1" color="#FF0000"]LAST EDITED ON 04-26-05 AT 09:27AM (CST)[/font][br][br]Two words: BULL ****. SSA only issues these cards to individuals who have TEMPORARY permission to work in the U.S.

My gut feeling is that this person's permit ran-out and she either failed to renew/extend or was denied. If this person is currently in your employ, pat yourself on the back, you've just joined an elite club: You have an illegal working for you! x}>

Dispose of immediately.


Gene

Superlative_KC

Thanks, Don, for bumping up my post! And thanks, Gene, for being crystal clear in your opinion.x;-)

I'm not ready to give up. This may be a "too good to be true" hire, but I really want to keep her.

Why, oh why would the government issue a social security card for someone who A) is not eligible to work in the US and B)is exempt from social security withholding based on the assumption they won't remain in the US after completing school??

And why are we still having to use I9s most recently updated in 1991. There is no more INS and at least 4 of the documents in List A are no longer acceptable.

I think they are just trying to drive me crazy!

Crout

>I'm not ready to give up. This may be a "too
>good to be true" hire, but I really want to keep
>her.
>
>Why, oh why would the government issue a social
>security card for someone who A) is not eligible
>to work in the US and B)is exempt from social
>security withholding based on the assumption
>they won't remain in the US after completing
>school??
>
>And why are we still having to use I9s most
>recently updated in 1991. There is no more INS
>and at least 4 of the documents in List A are no
>longer acceptable.
>
>I think they are just trying to drive me crazy!


I don't see that you have any responsible choice in the matter. You can't accept her SSA card without the appropriate authorization...period. It's on the candidate to produce the appropriate documentation, or lose the job. If you allow her to work knowing that she does not have proper documents you are breaking the law. As to your second set of questions, the INS has NEVER been funded adequately, a condition the DHS has now inherited.

pork1

[font size="1" color="#FF0000"]LAST EDITED ON 04-26-05 AT 11:37AM (CST)[/font][br][br]SUPERLATIVE_KC: Interesting post...I did a google on (social security card "valid for work only") IT TOOK ME TO A LISTING AND THIS SPECIFIC ISSUE. This is number #3 type of card issued by the SSA. I have not seen one issued by DHS (Department of Homeland Security). There has also got to be a work permit associated with this card. If the individual can present the work permit card, you should use the telephone ssn verification system to validate the SSN, NAME, BIRTHDATE, AND GENDER associated with these documents. As of today I know of NO WAY to validate the Work Permit. I agree this card very well could be false. I would check it out before I would put the person to work.

PORK

Superlative_KC

*sigh* Okay, she's gone. Minority, female with a degree in Finance (we're a bank) who could start on the exact day we needed her -- I should have known it was too perfect!

I really appreciate all of your wisdom and it's lack of sugar-coating!

Pork, wish I'd thought to google it before I called 7 different phone numbers. The "friendly" gal at SSA said, "I don't know what it means and I don't know how to find out."