How Can I Apply for an SSN From Outside the US After Being an Exchange Student on J-1 Visa?

Being an exchange student on a J-1 visa, you might find yourself in a unique situation where you need to obtain an SSN (Social Security Number) despite not having had the opportunity to do so while in the United States. This article provides guidance on how to address this issue, especially in the context of the challenges posed by the COVID-19 pandemic.

The Context and Your Current Status

Typically, individuals working in the U.S. require an SSN, which is essential for various purposes, including employment and tax compliance. However, your situation is unusual as you were on a J-1 exchange student visa and had to leave the U.S. due to the pandemic. Your employer, campus employment, and tax responsibilities present a unique set of challenges. Here’s how you can navigate this situation.

Did You Actually Work and Receive Payment?

One of the first things to verify is whether you were actually paid during your time as an exchange student. If you were and received a W-2 or 1099, it indicates that your employer did in fact run payroll for you. In such a case, you might be required to file your taxes using an ITIN (Individual Taxpayer Identification Number) due to your lack of an SSN.

In any case, if you received payment:

Seek the appropriate form (W-2 or 1099) from your employer to file your taxes. Apply for an ITIN if you do not already have one. Follow the instructions to apply for the ITIN along with your tax return.

Importantly, there is no difference between filing with an SSN or an ITIN when it comes to tax considerations. The IRS welcomes filing with an ITIN if you meet the eligibility criteria.

What Happens If You Didn’t Apply for an SSN Before Leaving?

If you did not apply for an SSN before leaving the U.S., you are likely in a challenging position. Currently, you cannot apply for an SSN from outside the country because you are no longer in a status that allows work in the U.S. Even if you had applied but did not receive it, you can still provide the number when you get it, allowing your employer to process your payroll.

If you started working without an SSN, it suggests a possible error or exception by your employer. In some cases, employers have the flexibility to file wage reports before the SSN is obtained, though this might lead to delays in payment.

Steps to Take:

Contact the Social Security Administration (SSA). Reach out to the Internal Revenue Service (IRS). Follow the official websites and instructions for both the SSA and IRS. Apply for an ITIN if needed, along with your tax return.

Tax Filing Under the ITIN Option

If you have income—if you received payments, for instance—and have not filed taxes, you should do so. The upcoming tax deadline is April 2021 for 2020 income. If you are eligible for an ITIN, file your return with the ITIN and apply for the ITIN as well. This process can be done online or via mail, though the specific method will depend on your circumstances.

Conclusion

Your unique situation requires a detailed understanding of both immigration laws and tax regulations. The steps provided above can help you navigate the process, ensuring you comply with both the Social Security Administration and the Internal Revenue Service.

Action Steps:

Verify your employment and payment history. Apply for an ITIN if needed. Follow official governmental instructions for tax filing and SSN application.

Remember, while this process can be complex, many resources are available to guide you through it. Consulting with professionals can also help ensure you meet all legal and financial requirements.