According to the SSA Policy Instructions, eligible applicants who apply within the first 30 days of arriving in the United States may still have an SSN processed even if SAVE online verification is not available. Accordingly, employers are advised to counsel arriving nonimmigrant workers to apply for the SSN as soon as possible to avoid delays.

Individuals who apply after 30 days in the United States will require positive SAVE online verification, in the absence of which the SSA must send a written verification request to INS (Form G-845). The 30-day rule will impact individuals such as F-1 students, who have already been in the U.S. for over 30 days before obtaining INS work authorization. SSA offices are advising that the processing time for the written verification is six to eight weeks. Final SSA rules on this process are anticipated, and the lack of prompt coordination between the INS and the SSA will hopefully be remedied. Until then, Berry, Appleman & Leiden clients are encouraged to contact their attorneys for further guidance if the SSA has not processed the SSN application after six to eight weeks. .

On a related note, SSA representatives recently underscored that employers need not wait for the SSN number to be issued before placing a work authorized individual on payroll. In a recent meeting with representatives from the American Immigration Lawyer's Association (AILA), the SSA stated: "If the employer is satisfied that the individual has permission to work, then that person can be placed on the payroll even if he or she does not have a SSN. The employer must have the SSN by the time the Form W-2 is prepared annually." Berry, Appleman & Leiden notes that the lack of an SSN does not relieve employers from the obligation to complete form I-9 for new hires (the SSN field can be updated at a later date). Employer clients are encouraged to contact their Berry, Appleman & Leiden attorney if they need further guidance on the I-9 process.