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Practice Note
 
SSA Updates Guidance Manual to Include E and L Spouses As Authorized to Work Without DHS Authorizati

SSA issued an update to its Policy Operations Manual System (POMS) which includes L and E spouses among the categories of "aliens work authorized without specific DHS authorization."  In order to process an application for a SSN card for an alien for work purposes, SSA requires evidence of employment authorization in the form of either a Form I-94, Arrival/Departure Record, showing a class of admission that indicates the person can work without specific DHS authorization or an employment authorization document (EAD) (Form I-766 or I-688B).  The POMS lists those nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS, noting that these individuals' I-94s will not have the DHS employment authorization stamp and they will generally not have an EAD.  Included on this list are E-1, E-2, and L-2 spouses.  When these categories of aliens apply for an SSN card and do not submit an EAD as evidence of employment authorization, they must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien in the form of a marriage document (issued prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).

The POMS also provides guidance on SSN card applications for TPS holders whose EADs have been automatically extended, such as certain Hondurans and Nicaraguans who applied for TPS and whose I-766 EAD cards expired on July 5, 2006 but were automatically extended until January 5, 2007; and certain El Salvadorans who applied for TPS and whose I-766 EAD cards expired on July 5, 2006 or whose cards will expire on September 9, 2006 or September 30, 2006 but were automatically extended until March 9, 2007.  


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