(a) Persons eligible for SSN assignment. We can assign you a social security number if you meet the evidence requirements in § 422.107 and you are:
(1) A United States citizen; or
(2) An alien lawfully admitted to the United States for permanent residence or under other authority of law permitting you to work in the United States (§ 422.105 describes how we determine if a nonimmigrant alien is permitted to work in the United States); or
(3) An alien who cannot provide evidence of alien status showing lawful admission to the U.S., or an alien with evidence of lawful admission but without authority to work in the U.S., if the evidence described in § 422.107(e) does not exist, but only for a valid nonwork reason. We consider you to have a valid nonwork reason if:
(i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.; or
(ii) You need a social security number to satisfy a State or local law that requires you to have a social security number in order to receive public assistance benefits to which you have otherwise established entitlement, and you are legally in the United States.
(b) Annotation for a nonwork purpose. If we assign you a social security number as an alien for a nonwork purpose, we will indicate in our records that you are not authorized to work. We will also mark your social security card with a legend such as “NOT VALID FOR EMPLOYMENT.” If earnings are reported to us on your number, we will inform the Department of Homeland Security of the reported earnings.
[68 FR 55308, Sept. 25, 2003]
Notes of Decisions
Cited in
22
cases (
7 in the last 5 years), 1994–2026 · leading case:
State of Texas v. USA, 809 F.3d 134 (5th Cir. 2015).
State of Texas v. USA, 809 F.3d 134 (5th Cir. 2015).
· cites it 6× “3 (a)(4)(vi); 20 C.F.R. §§ 422.104 (a)(2), 422.105(a)).”
State of Texas v. USA, 787 F.3d 733 (5th Cir. 2015).
· cites it 4× “3 (a)(4)(vi); 20 C.F.R. §§ 422.104 (a)(2), 422.105(a)).”
Iyengar v. Barnhart, 233 F. Supp. 2d 5 (D.D.C. 2002).
· cites it 4× “§ 405 (c)(2)(B)(i); 20 C.F.R. § 422.104 (a)(l)-(2). However, just as employment is not the only purpose for which SSNs are used, it is by no means the only purpose for which they are issued.”
Texas v. United States, 328 F. Supp. 3d 662 (S.D. Tex. 2018).
“9 20 C.F.R. §§ 422.104 (a)(2), 422.105(a) ; 8 C.”
State v. Fips (Ohio 2026).
“20 C.F.R. 422.104(a). Social Security numbers are typically assigned to newborn children.”
Vargas Ramirez v. United States, 93 F. Supp. 3d 1207 (W.D. Wash. 2015).
“Moreover, as the United States admits, not all United States citizens born in the United States have a Social Security number (Al-dana Decl.”
Lauderbach v. Zolin, 95 Cal. Daily Op. Serv. 4064 (Cal. Ct. App. 1995).
· cites it 2× “( 20 C.F.R. § 422.104 (a) (1991).) An SSN may be assigned for a nonwork purpose to aliens who cannot provide the evidence of alien status required by 20 Code of Federal Regulations, section 422.”
DE ASIS v. Dep't of Motor Vehs., 3 Cal. Daily Op. Serv. 8982 (Cal. Ct. App. 2003).
“” ( 20 C.F.R. § 422.104 (a) (2001).) 3 DMV asks us to take judicial notice of excerpts from the Assembly Daily Journal for the 2001-2002 Regular Session of the Legislature, the Complete Bill History for Assmebly Bill No.”
Kocher v. Comm'r, 2000 T.C. Memo. 238 (Tax Ct. 2000).
· cites it 2× “Respondent bears the burden of proof with respect to new matters not raised in the notice of deficiency; thus, respondent must establish that petitioners are not entitled to the exemptions they claimed for their children.”
Austin v. Metro Dev. Grp., LLC (M.D. Fla. 2021).
· cites it 2× “6051-1 (a)(1)(i)(B) (noting that W-2s must include the social security number of the employee); 20 C.F.R. § 422.104 (listing who is eligible for a social security number without mentioning legal or non-natural persons).”
State of Texas v. USA (5th Cir. 2015).
· cites it 3× “3 (a)(4)(vi); 20 C.F.R. §§ 422.104 (a)(2), 422.105(a)).”
— 20 C.F.R. § 422.104(a) — 1 case
State v. Fips (Ohio 2026).
“20 C.F.R. 422.104(a). Social Security numbers are typically assigned to newborn children.”
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