On Social Security Numbers and Driver’s Licenses

Foreign nationals in the United States require a tax identification number from the Social Security Administration (SSA) or the Internal Revenue Service (IRS) to perform certain actions in the United States such as banking, taxes and obtaining a driver’s license.  While, generally, a foreign national must have work authorization to obtain a social security number (SSN), he or she may obtain a individual taxpayer identification number (ITIN) for tax and banking purposes.

In order to obtain an ITIN, a foreign national must file Form W-7 and be within the following categories of person eligible for ITIN issuance.

1.  A nonresident alien individual eligible to obtain the benefit of reduced withholding under an income tax treaty;

2.  A nonresident alien individual not eligible for an SSN who is required to file a U.S. tax return or who is filing a U.S. tax return only to claim a refund;

3.  A nonresident alien individual not eligible for an SSN who elects to file a joint U.S. tax return with a spouse who is a U.S. citizen or resident alien;

4.  A U.S. resident alien (based on the substantial presence test) who files a U.S. tax return but who is not eligible for an SSN;

5.  An alien spouse claimed as an exemption on a U.S. tax return who is not eligible to obtain an SSN;

6.  An alien individual eligible to be claimed as a dependent on a U.S. tax return but who is not eligible to obtain an SSN;

7.  A nonresident alien student, professor, or researcher who is required to file a U.S. tax return but who is not eligible for an SSN, or who is claiming an exception to the tax return filing requirement; or

8.  A dependent/spouse of a nonresident alien holding a U.S visa who is not eligible for an SSN.

Foreign nationals who wish to apply for an SSN must file Form SS-5 with the SSA and meet the following requirements.

1.  Provide proof of legal immigration status.  Form I-94 must be presented.  F-1 Visa holders must provide their current I-20 and J-1 Visa holders must provide their current DS-2019.

2.  Provide proof of work authorization.  For visa holder who are eligible to work incident to status, such as H-1B, L-1 or O-1 visa holders, the I-94 is sufficient.  For others, such as applicants who have filed for adjustment of status, they must provide a work authorization card or green card.

3.  Proof of Age.  In most circumstances, a passport or birth certificate is sufficient.

4.  Proof of Identity.  Any document used must show your name and a recent photograph.  Commonly accepted documents include green card/immigrant visa and passport, I-94 card and passport or work permit.

While every state has their own requirements to obtain a drvier’s license, they will all genreally require

1.  Proof of Identity;

2.  Social Security Number; and

3. Proof of residency.

Posted on December 12, 2008 at 12:58 pm by Immigration Lawyer Peter Messersmith · Permalink
In: Driver's License, ITIN, SSN · Tagged with: , , ,

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