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New Rules Affect F-1 Student Social Security Applications and Renewals

 

August 22, 2002 - In a recent memorandum, the Social Security Administration ("SSA") has indicated that it will now require F-1 students to provide formal proof of their continued maintenance of lawful status before adjudicating any Social Security Number ("SSN") application by foreign nationals holding F-1 student status.

To support an initial SSN request, F-1 students must now provide documentation proving that they enrolled in either a full course of postsecondary instruction in a program that confers an academic degree (e.g., university programs) or certain non-degree language programs. Students enrolled in postsecondary academic degree programs most prove they are enrolled in at least 12 semester hours. Graduate students can be considered full-time as long as they meet their university's full-time attendance requirements. Students in non-degree language programs must demonstrate that they are attending their program at least 18 hours per week.

In addition to the traditionally required documents (identity documents, a valid and endorsed I-20 and an unexpired F-1 I-94 card) F-1 students must now also provide one of the following three combinations of documents:

  1. An original letter from the Designated School Official ("DSO") (with original signature) which specifies that the named student is authorized to work on-campus and is currently enrolled in a full course of study;
  2. An original letter from the DSO (with original signature) which specifies that the named student is authorized to work on-campus and (if the letter does not specify that the student is enrolled in a full course of study) a certified college transcript that shows current enrollment in a full course of study; or
  3. an original pay stub or other proof of current employment showing the school as the employer, an original letter from the on-campus employer, or an original letter from the school to the student stating he/she will receive a scholarship in exchange for teaching services; and a certified transcript that shows the F-1 student is currently enrolled in a full course of study (at least 12 semester hours if an undergraduate).

The SSA has indicated that they will not accept a letter that does not have an original signature, or that lists more than one student.

On a related note, F-1 students applying for renewals of expiring social security cards will now need to be prepared to present proof of maintenance of valid F-1 status. Specifically, F-1 students should be prepared to provide all of the following documents:

  1. Valid INS Form I-20,
  2. A current INS F-1 Form I-94, and
  3. Verification that the student is maintaining status by full-time enrollment. To do this, the F-1 student must provide:
    1. An original letter from the DSO (with original signature) which specifies that the named student is currently enrolled in a full course of study (and thus meets the INS regulatory criteria for being able to work on campus); or
    2. A certified transcript showing current enrollment in at least 12 semester hours (or 18 clock hours per week for non-degree foreign language students)

For any questions relating to this new policy, students can contact their local SSA office, or their academic institution's DSO/Foreign Student Advisor.

 

Daniel C. Horne, Partner
Berry, Appleman & Leiden, LLP
San Francisco Office
 

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