H1b Payroll run without SSN

[rk1296]

Hello,

 

Its has been 3 weeks since I have been in US now, I came on a fresh H1b. I had applied for SSN next day after my arrival. 

But I have not yet got the SSN.

My employer has deposited(direct deposit) lumpsum amount in my bank account here. 

 

Now he is telling me that they cannot run the payroll till I get my SSN. 

I need help on the following:

1. Can he retroactively run my payroll once I get my SSN.

2. Can he run the payroll even without getting my SSN .

3. Can there be any consequences if he runs the payroll after

(lets say 6 weeks) from my arrival .

4. If option 2 is possible than what should be the recommendation . i.e shall I ask for option 2 from him. 

5. What if he tells me that the agency which runs their payroll service does not have the ability to run payroll without SSN?

 

Looking forward to your help on the points listed above.

 

Thanks,

Ricky

 

 

[catx]

The typical process is for your employer to hold your pay (amount and pay stub) until you receive your social security number (SSN) (which typically takes about 4 weeks for a new arrival to the U.S.). Upon receipt of your SSN and card and providing the number to your employer, they would then provide you with your back pay and pay stubs that had be held pending your SSN.  This is not an unusual situation.

 

Any amount you received prior to providing a SSN would be considered an advance against pay.  You cannot be paid a salary by your employer or any 3rd party they contract for that service until you provide an SSN.

[jairichi]

Hello,

 

Its has been 3 weeks since I have been in US now, I came on a fresh H1b. I had applied for SSN next day after my arrival. 

But I have not yet got the SSN.

My employer has deposited(direct deposit) lumpsum amount in my bank account here. 

 

Now he is telling me that they cannot run the payroll till I get my SSN. 

I need help on the following:

1. Can he retroactively run my payroll once I get my SSN.

2. Can he run the payroll even without getting my SSN .

3. Can there be any consequences if he runs the payroll after

(lets say 6 weeks) from my arrival .

4. If option 2 is possible than what should be the recommendation . i.e shall I ask for option 2 from him. 

5. What if he tells me that the agency which runs their payroll service does not have the ability to run payroll without SSN?

 

Looking forward to your help on the points listed above.

 

Thanks,

Ricky

Yes, he can run payroll without SSN. 

[JoeF]

The employer can run payroll just fine, even if you don't have the SSN yet.

Modern payroll systems can handle that situation.

 

For more info, see, e.g., http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/231/related/1

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1567/related/1

And you can get the number before getting the actual card:

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1669/related/1

[JoeF]

The typical process is for your employer to hold your pay (amount and pay stub) until you receive your social security number (SSN) (which typically takes about 4 weeks for a new arrival to the U.S.). Upon receipt of your SSN and card and providing the number to your employer, they would then provide you with your back pay and pay stubs that had be held pending your SSN.  This is not an unusual situation.

 

Any amount you received prior to providing a SSN would be considered an advance against pay.  You cannot be paid a salary by your employer or any 3rd party they contract for that service until you provide an SSN.

That is not a typical process. That's only done by clueless employers.

Modern payroll systems can handle things without problems even if the employee doesn't have the SSN yet.

Somebody on H1 absolutely has to be paid his or her salary, even if the person doesn't have the SSN yet. That's the law!

[jairichi]

That is not a typical process. That's only done by clueless employers.

Modern payroll systems can handle things without problems even if the employee doesn't have the SSN yet.

Somebody on H1 absolutely has to be paid his or her salary, even if the person doesn't have the SSN yet. That's the law!

I completely agree with JoeF. My employer (an US university) started running my payroll and paid my salary without having a SSN for a month. Once I got SSN they just updated the number in their system.

[catx]

JoeF I may have been wrong when I stated that the process I outlined was "typical", and willingly stand corrected, but respectfully it is not just "clueless employers" (a little respect please).  My kids both worked for one of the largest (public / state) universities in the country (50,000+ students), and they could not be put on payroll until they received their SSN and card.

[JoeF]

JoeF I may have been wrong when I stated that the process I outlined was "typical", and willingly stand corrected, but respectfully it is not just "clueless employers" (a little respect please).  My kids both worked for one of the largest (public / state) universities in the country (50,000+ students), and they could not be put on payroll until they received their SSN and card.

Well, then the HR is incompetent.

This is definitely possible and is done all over the country, and in large public universities (e.g., the University of ************** system) as well.

Some HR people just like to avoid the little extra work necessary...Just don't take no for an answer, ask for the legal justification, etc.

In my naturalization interview, I knew things better than the USCIS examiner, and she had to reverse herself...

That's why I educate myself about these things, so that some lazy or incompetent person can't BS me.

[catx]

Well, then the HR is incompetent.

This is definitely possible and is done all over the country, and in large public universities (e.g., the University of ************** system) as well.

Some HR people just like to avoid the little extra work necessary...Just don't take no for an answer, ask for the legal justification, etc.

In my naturalization interview, I knew things better than the USCIS examiner, and she had to reverse herself...

That's why I educate myself about these things, so that some lazy or incompetent person can't BS me.

 

Yes, I know there is a way it can be done (for example using a placeholder social security number) until you receive and can provide a SSN..  However, their HR is not incompetent and it wasn't just some HR person trying to avoid extra work.  It is their employment policy.  (The end result was a couple weeks wait.)

 

Not every legitimate employer follows the rules that you think are right, and it is wrong to suggest that they are lazy or incompetent because they don't.  While it is possible, and even "typical" (again, I will freely admit when I am mistaken), they can require a SSN before being put on payroll.

[JoeF]

Yes, I know there is a way it can be done (for example using a placeholder social security number) until you receive and can provide a SSN..  However, their HR is not incompetent and it wasn't just some HR person trying to avoid extra work.  It is their employment policy.  (The end result was a couple weeks wait.)

 

Not every legitimate employer follows the rules that you think are right, and it is wrong to suggest that they are lazy or incompetent because they don't.  While it is possible, and even "typical" (again, I will freely admit when I am mistaken), they can require a SSN before being put on payroll.

Well, then that employment policy is flawed, and it could be seen as discrimination. All it would need is somebody to sue them...

The rules are very clear in the law: somebody on H1 has to get paid no less than monthly. Period.

The SSN does not play any role in that.

20 CFR 655.731:

"(4) For salaried employees, wages will be due in prorated installments (e.g., annual salary divided into 26 bi-weekly pay periods, where employer pays bi-weekly) paid no less often than monthly except that, in the event that the employer intends to use some other form of nondiscretionary payment to supplement the employee's regular/pro-rata pay in order to meet the required wage obligation (e.g., a quarterly production bonus), the employer's documentation of wage payments (including such supplemental payments) must show the employer's commitment to make such payment and the method of determining the amount thereof, and must show unequivocally that the required wage obligation was met for prior pay periods and, upon payment and distribution of such other payments that are pending, will be met for each current or future pay period. An employer that is a school or other educational institution may apply an established salary practice under which the employer pays to H-1B nonimmigrants and U.S. workers in the same occupational classification an annual salary in disbursements over fewer than 12 months, provided that the nonimmigrant agrees to the compressed annual salary payments prior to the commencement of the employment and the application of the salary practice to the nonimmigrant does not otherwise cause him/her to violate any condition of his/her authorization under the INA to remain in the U.S.

(5) For hourly-wage employees, the required wages will be due for all hours worked and/or for any nonproductive time (as specified in paragraph ©(7) of this section) at the end of the employee's ordinary pay period (e.g., weekly) but in no event less frequently than monthly."

 

The last sentence of section (4) is for situations like H1s for faculty, who are often 9 months out of the year and aren't paid during summer recess.

And again, having an SSN or not yet does not play a role.

[catx]

Admittedly, I should have been clear that the specific situation I was referring to was "my kids" and "university", which is for a F-1 visa and working on-campus part-time.

 

With that hopefully we can closeout this discussion.

[JoeF]

For somebody on F1 wishing to work on campus, things can indeed be different.

My posts all were about people on H1 who don't have the SSN yet. These people absolutely need to get paid, even if they don't have the SSN yet.

[rk1296]

Thanks everyone for the valuable comments..