20 C.F.R. § 422.105

Presumption of authority of nonimmigrant alien to engage in employment

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(a) General rule. Except as provided in paragraph (b) of this section, if you are a nonimmigrant alien, we will presume that you have permission to engage in employment if you present a Form I-94 issued by the Department of Homeland Security that reflects a classification permitting work. (See 8 CFR 274a.12 for Form I-94 classifications.) If you have not been issued a Form I-94, or if your Form I-94 does not reflect a classification permitting work, you must submit a current document authorized by the Department of Homeland Security that verifies authorization to work has been granted e.g., an employment authorization document, to enable SSA to issue an SSN card that is valid for work. (See 8 CFR 274a.12(c)(3).)

(b) Exception to presumption for foreign academic students in immigration classification F-1. If you are an F-1 student and do not have a separate DHS employment authorization document as described in paragraph (a) of this section and you are not authorized for curricular practical training (CPT) as shown on your Student and Exchange Visitor Information System (SEVIS) Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status, we will not presume you have authority to engage in employment without additional evidence. Before we will assign an SSN to you that is valid for work, you must give us proof (as explained in § 422.107(e)(2)) that:

(1) You have authorization from your school to engage in employment, and

(2) You are engaging in, or have secured, employment.

[69 FR 55075, Sept. 13, 2004]

Notes of Decisions

Cited in 2 cases, 2015–2015 · leading case: State of Texas v. USA, 809 F.3d 134 (5th Cir. 2015).

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State of Texas v. USA, 809 F.3d 134 (5th Cir. 2015). · cites it 2× “under other authority of law permitting [the alien] to work in the United States” is “eligible for SSN assignment”); 20 C.F.R. § 422.105 (a) (promulgated in 2004) (stating that “a current document authorized by [DHS] that verifies authorization to work has been granted” is…”

State of Texas v. USA (5th Cir. 2015). “under other authority of law permitting [the alien] to work in the United States” is “eligible for SSN assignment”); 20 C.F.R. § 422.105 (a) (promulgated in 2004) (stating that “a current document authorized by [DHS] that verifies authorization to work has been granted” is…”

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