EINの取得

Detailed explanation of EINの取得 based on official information from USCIS・国務省. Social Insurance (Five Insurances & One Fund)

Published: January 12, 2026

1. Overview

An Employer Identification Number (EIN), also known as a Federal Tax Identification Number, is a unique nine-digit number assigned by the Internal Revenue Service (IRS) to business entities operating in the United States. While not a visa or immigration document itself, the EIN is a critical administrative requirement for employers in the U.S. immigration process. Its primary importance in the context of green cards lies in its role as the official identifier for a sponsoring employer. The U.S. government uses the EIN to track the employer's tax obligations, verify its legitimacy, and link it to specific immigration petitions, such as the Form I-140 (Immigrant Petition for Alien Worker). Without a valid EIN, an employer cannot properly sponsor a foreign national for employment-based permanent residency.

2. Applicable Objects & Scenarios

This topic applies to:

  • U.S. Employers: Any U.S.-based company, partnership, sole proprietorship, estate, trust, or other entity that wishes to hire a foreign national and sponsor them for an employment-based green card (e.g., EB-1, EB-2, EB-3 categories).
  • Prospective Immigrant Employees: Foreign nationals whose pathway to a green card requires a job offer and sponsorship from a U.S. employer.

An EIN is needed when:

  • An employer is preparing to file a Labor Certification (PERM) with the Department of Labor.
  • An employer is filing an Immigrant Petition for Alien Worker (Form I-140) with U.S. Citizenship and Immigration Services (USCIS).
  • The sponsored employee eventually applies for Adjustment of Status (Form I-485) or an immigrant visa at a U.S. consulate, as the employer's information, including the EIN, is required.
  • The employer needs to report wages and pay employment taxes for the employee once they begin work.

3. Core Conclusions

  • An EIN is a mandatory identifier for any U.S. employer sponsoring a foreign worker for permanent residency.
  • Obtaining an EIN is the employer's responsibility and is a prerequisite step before initiating most employment-based green card processes.
  • The EIN itself does not confer any immigration status or work authorization; it is purely a tax and administrative identifier.
  • Employers must ensure their business is legally established and in good standing before applying for an EIN for immigration sponsorship purposes.

4. Procedures & Steps

Step 1: Preparation The sponsoring employer must determine its legal business structure (e.g., Corporation, LLC, Partnership, Sole Proprietorship) and gather necessary information. This typically includes the legal name of the business, trade name (if different), physical address, mailing address, and the name and Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) of the responsible party (e.g., principal officer, owner, grantor).

Step 2: Application & Submission The employer applies for an EIN directly from the IRS at no cost. The fastest and recommended method is the online application on the IRS website. The application is available Monday through Friday, 7 a.m. to 10 p.m. Eastern Time. Upon completion, the EIN is issued immediately. Alternative methods include applying by fax or mail (Form SS-4), but these result in significant processing delays.

Step 3: Review & Confirmation Once received, the employer must carefully review the EIN confirmation notice (CP 575 or 147C) from the IRS for accuracy. This document should be kept in the company's permanent records. The EIN will then be used on all subsequent immigration forms (like the I-140), tax returns, and official correspondence with government agencies.

5. Frequently Asked Questions (FAQ)

Q1: Can an individual sponsor someone for a green card using their SSN instead of an EIN? A1: No. For employment-based sponsorship, the petition must be filed by a qualifying U.S. employer using its EIN. Individual sponsorship is generally limited to family-based petitions (e.g., for a spouse or child), which use the sponsor's SSN.

Q2: What if my company is new and has no financial history? Can we still get an EIN and sponsor an employee? A2: Yes, a new company can obtain an EIN. However, for immigration purposes, USCIS may scrutinize the employer's ability to pay the offered wage as required. The company may need to provide additional evidence, such as business plans, bank statements, or investor information, with the I-140 petition.

Q3: Is there a fee to get an EIN? A3: No. The IRS issues EINs free of charge. Be wary of third-party websites that charge a fee for this service; you can apply directly on the official IRS.gov site at no cost.

Q4: How long does it take to get an EIN? A4: When applying online during the IRS's business hours, you receive your EIN immediately upon verification of your information. Applications by fax may take several business days, and applications by mail can take several weeks.

Q5: Can a foreign employer without a U.S. office get an EIN and sponsor a green card? A5: Generally, to sponsor an employee for a green card, the employer must have a bona fide business presence in the United States. A foreign company may need to establish a U.S. legal entity (like a subsidiary or affiliate) to obtain an EIN and qualify as a petitioner.

Q6: What happens if we lose our EIN confirmation letter? A6: You can call the IRS Business & Specialty Tax Line to have your EIN verified. If the responsible party's name and SSN/ITIN match their records, they can provide the number. You can also try to retrieve it from previously filed tax returns or official correspondence.

7. References & Sources

8. Related Topics

  • PERM Labor Certification: The often-required first step in the employment-based green card process, filed by the employer with the EIN.
  • Form I-140, Immigrant Petition for Alien Worker: The petition filed by the employer (using its EIN) to classify a foreign national as an eligible immigrant worker.
  • Adjustment of Status (Form I-485): The application filed by the foreign national to become a lawful permanent resident (green card holder) while in the United States.
  • Consular Processing: The alternative path to a green card where the foreign national applies for an immigrant visa at a U.S. Embassy or Consulate abroad.

6. Risks & Compliance

  • Important Note: The information provided here is for general guidance only and does not constitute legal or tax advice. Immigration and tax laws are complex and subject to change.
  • Compliance: Using an EIN for fraudulent purposes or providing false information on the EIN application is a federal offense. The EIN must only be used by the legal entity to which it was assigned.
  • Disclaimer: Employers and individuals should consult with a qualified immigration attorney and a tax professional to address their specific circumstances. Always verify the most current procedures, forms, and requirements directly with the official IRS and USCIS websites before taking any action. Government filing fees for immigration petitions are subject to change; please verify with official sources.
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