Anonymous wrote:
Just to be clear: visa categories that are prohibited to work in the us (tourists) are the ones that do not get SSN. That's the current set up. If their visa category allows them to work legally then they are entitled to a SSN. Conclusion: if someone doesn't have a SSN then you shoudn't be hiring them - they can't work in the US legally.
In general this statement only sort of true (sorry need to be accurate). If you are a non-citizen that is NOT subject to FICA taxes, you have a permission to work in the US, but don't have to have SSN (you can get it if you apply though). Common examples in this town are spouses/dependents of diplomats and other embassy workers. They are authorized to work in the US, but are not subject to FICA taxes, so they don't need SSN to work (while they don't have to pay payroll taxes they have to pay out-of-state tuition rates for their kids to go to the university here, even if they lived in the state for many years, so it is not roses for them either)
To legally hire someone, the employee has to present you documents on the I-9 form. Please note that this form can be filled out without using SSN card as one of the documents. For taxing purposes, there is an ITIN number that can be assigned by IRS to pay taxes.
I had two nannies apply over the years that were on diplomat dependent visas, that's why I had to research this exception. There are quite a few people like this in the area. F)