Workplace Enforcement and Identity Scrutiny: What Immigrant Workers Must Know Right Now
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Immigrant workers must distinguish between a Social Security number and an Individual Taxpayer Identification Number (ITIN). An ITIN is a nine-digit number issued by the IRS for tax processing. It begins with the number nine and is available to individuals who are required to have a taxpayer identification number but do not have, and are not eligible to obtain, an SSN.
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An ITIN does not provide work authorization. It does not allow an individual to complete Form I-9 for traditional W-2 employment. Employers cannot accept an ITIN in place of an SSN on an I-9 form. Attempting to enter an ITIN into an E-Verify field configured for an SSN results in immediate rejection.
The legitimate utility of an ITIN lies in tax compliance and independent economic activity. Undocumented workers use ITINs to establish independent businesses, operate as independent contractors (where genuine self-employment conditions exist under Department of Labor standards), open bank accounts, and file annual tax returns. Filing taxes with an ITIN fulfills legal responsibilities under federal tax law. More importantly, it creates an established paper trail of continuous presence and good moral character, which immigration attorneys rely on when pursuing forms of relief such as cancellation of removal.