Question:
Are there any circumstances under which an undocumented immigrant with an ITIN number can be legally employed in the U.S.?

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Answer:

No, an undocumented immigrant with only an ITIN (Individual Taxpayer Identification Number) cannot be legally employed in the United States. Here’s why:

1. Purpose of ITIN: An ITIN is issued by the IRS for tax purposes and does not grant work authorization. It allows individuals to pay taxes but does not provide legal status or employment rights.
2. Employment Authorization Requirements: To be legally employed in the U.S., an individual must have valid work authorization, typically evidenced by a Social Security Number (SSN) or an Employment Authorization Document (EAD).
3. Form I-9 Compliance: Employers are required to complete Form I-9 for each employee to verify their identity and employment authorization. An ITIN is not an acceptable document for proving work eligibility.

While an ITIN allows individuals to meet their tax obligations, it does not change their legal status or grant the right to work. Employers must ensure that all employees have valid work authorization to comply with federal laws.

For more detailed information on this topic, including legal insights and guidance, you can read this comprehensive article: Can I Hire an Undocumented Immigrant with an ITIN Number?. This resource provides expert advice on managing employment and immigration compliance.