1105.098.20.10 Noncovered Employment – DSS Manuals

IM-118 August 2, 2000

When an applicant cannot meet the 40 qualifying quarters requirement using covered earnings or Medicare-only Federal, State, or local wages but alleges that he/she had additional work that is not documented by the IIVE query, follow the outline below to establish the existence of the earnings and convert them to qualifying quarters.

STEP 1: Review the IIVE response with the immigrant to determine whether qualifying quarters are missing from the record.

If QQs are not missing from the response, make the determination based on the information already obtained.

If QQs are missing from the response, obtain sufficient information from the individual to use the chart following this step to determine whether the alleged earnings are covered or noncovered. Some examples of questions you might ask are:

Name and address of employer

Dates of employment

Amount of earnings

Type of business or self-employment

Rate of pay

Work Performed

The COVERED EMPLOYMENT CHART should be used as a guide. The Social Security provisions are very complex and the chart may not include all exceptions in the Social Security Act.

It is important to note that 97 percent of all employment is now covered under the Social Security Act.

STEP 2: After you are satisfied that the noncovered earnings exist use the following chart to determine the number of QQs that can be credited. You can combine covered and noncovered earnings for a year. The dollar amount indicates the amount needed to credit one qualifying quarter beginning with 1978.

Covered Employment Chart Year Coverage Began Employment in the United States–except as indicated 1937 Agriculture Farm Labor, including domestics 1951 Domestic Service–over $50 a calendar quarter (through 1994) 1951 Domestic Service–over $1000 per year 1995 Federal Government Civilians not under civil service retirement Uniformed Services 1951 1957 Federal Government new hires–compulsory 1984 Homeworkers ($50 a quarter; State license) 1951 Homeworkers ($50 a quarter; no license needed) 1955 State and local government–elective Not under a State or local retirement system Under a State or local retirement system 1951 1955 State and local Government–compulsory for non-members of employees’ retirement system 7/2/1991 Nonprofit organizations–elective 1951 Nonprofit organizations–compulsory 1984 Ministers (covered as self-employed) 1937 Railroads–service less than 10 years covered by transfer of credits 1951 Tips–Cash Tips of $20 or more in a month from one employer 1966 Vow of poverty members of religious orders–if order elects to cover lay employees and members of the order

Employment outside the United States Year Coverage Began Puerto Rico 1951 Virgin Islands 1951 On American ships and aircraft 1951 Guam 1961 American Samoa 1961

Self-Employment–except as indicated 1951 Farmers 1955 Materially-participating farmers 1956 Professional groups excluding lawyers, dentists, doctors, and other medical groups 1955 Ministers-elective Compulsory 1955 1968 Lawyers, dentists and other medical groups excluding doctors of medicine 1956 Doctors of Medicine 1965 American citizens employed in the United States by government (covered as self-employed) 1961 Direct sellers (house to house salespersons) 1983 Real estate agents 1983 Newspaper and shopping news distributors 1994

If you determine the earnings are from covered employment or Federal, State or local Medicare-only wages, then go to Section 1105.098.20 Reconciliation – Covered Earnings for development guidelines.

If you determine the earnings are from other noncovered employment, then you must obtain satisfactory evidence that the earnings exist before you can use the earnings to credit QQs. Follow the agency’s guidelines for developing eligibility requirements and evidentiary proof when making a decision. However, the following list suggests a means to obtain evidence necessary to credit QQs for an immigrant.