There is a lot of confusion and misinformation about social security cards as it relates to U.S. immigration law. Whether or not a foreign national, whether a resident or non-resident alien, is entitled to a social security card depends mostly on the persons immigration status in the United States.

According to the Social Security Administration (SSA) any U.S. Citizen, lawful permanent resident or other lawful alien who is authorized to work in the U.S. is entitled to a social security card. Whether or not a person is authorized to work is determined by the SSA pursuant to the provisions of 20 CFR §422.105. Examples of non-residents who are authorized to work are beneficiaries of K1 fiance visa petitions or their dependents and applicants for adjustment of status.

The SSA will also issue social security cards to other persons who are legally present in the U.S. for non-work purposes if some other U.S. or state law that requires individuals to have a social security number in order to receive public benefits. Social security cards issued for non-work purposes will bear an annotation “NOT VALID FOR EMPLOYMENT.” If someone attempts to use a social security card that is not valid for employment for employment purposes and earnings are reported against the social security number, the SSA is required to notify the USCIS.

Foreign nationals are not entitled to a social security card for purposes such as obtaining a credit card, cell phone, home loan or other purposes not specifically authorized by the SSA and U.S. law.

In some cases, a foreign national who does not qualify to obtain a social security card needs a identification number for tax reporting purposes. In these cases, the foreign national should apply for a Individual Taxpayer Identification Number or ITIN. This can be requested on IRS Form W-7.