SSN Policy Manual

Policy Manual

have very useful or necessary skills. It is also best received by smaller employers or in smaller communities.

Don't Use a False Social Security Number Some people suggest that using a false social security number, or using a number that was assigned to someone else may be a reasonable solution for the unenumerated or for somebody who wishes to withhold a social security number. Using a false or fraudulent social security number is not only a bad idea, but may get you into big trouble. Federal law defines several circumstances where using a false social security number is criminal fraud and there are numerous cases where the individuals doing this have been convicted of fraud and sent to prison. While you are not likely to be convicted of fraud for attempting to use a false social security number during or for the purpose of employment, you are likely to be quickly discovered and fired if you fail to correct the number. The Social Security Administration provides several services that assist employers who wish to verify that a name and social security number match that which was assigned by the Social Security Administration. When the employer uses this service and discovers that the social security number you gave him does match with the information you provided he will ask you to correct the records. The employer may fire you if he suspects you attempted to lie to him on your employment application. Although specifically dealing with the administration of employees' benefits, federal regulation 20 CFR 5422.108 does provide criminal penalties for misrepresentation of social security numbers. 20 CFR s422.108 Criminal penalties. A person may be subject to criminal penalties for furnishing false information in connection with earnings records or for wrongful use or misrepresentation in connection with social security numbers, pursuant to section 208 of the Social Security Act and sections of title 18 U.S.C. (42 U.S.C.408; 18 U.S.C. 1001 and 1546). Dealing With the 1.N.S Form 1-9 As discussed earlier, most employers incorrectly apply the I.N.S. Form 1-9 requirement upon all employees and new recruits. However, the law, 8 USC 3 1324a, clearly applies this issue to "knowing the alien is an unauthorized alien" and narrowly defines its application to "an agricultural association, agricultural employer, or farm labor contractor." If your job application is in the field of agribusiness, it is probably best to simply comply with the employers request. Of course, as a natural born citizens, you may lawfully protest the issue if you wish. However, you should assert good judgement here, since such a protest might result in a job loss. Since the notice on this form restricts the employer from dictating which documents may be used, simply leave the social security number field blank. People hired in non-agribusiness fields should protest using the I.N.S. employment verification Form 1-9 because it implies, according to federal law, that you are being employed in agribusiness. Additionally, since you are attesting to the information "under penalty of perjury," you are obligating yourself to proving your citizenship to an I.N.S.