Many immigrants in the United States face the same situation: they need to work but do not have employment authorization. In those cases, some use an ITIN, Individual Taxpayer Identification Number, or even borrowed documents to access a job. The most common fear is believing that, because they do not have regular immigration status or because they used another name when hired, they do not have the right to claim wages. This article dispels common myths and explains what the law says when a worker seeks to protect rights in these circumstances.
1. What is an ITIN and what is it used for?
The ITIN is a number issued by the IRS with the sole purpose of allowing people who do not have a Social Security number to file taxes and comply with tax obligations. Important: the ITIN does not authorize legal work in the United States. Even so, many people use it in work contexts, and although it is not a work permit, it can become an important tool to show tax responsibility.
2. Myths and realities about the ITIN and work
Myth: If I work with an ITIN, I have no right to wages. Reality: labor law protects all workers regardless of immigration status. If you worked, you have the right to be paid. Myth: If I file taxes with an ITIN, the IRS can share my information with immigration. Reality: the IRS cannot use ITIN information for immigration purposes; its function is tax-related only. Myth: If I do not have papers, I cannot sue my employer. Reality: you can file a labor lawsuit and demand unpaid wages, overtime, and other compensation.
3. What if I worked with borrowed documents or under another name?
This is one of the topics that creates the most questions. Many immigrants work using borrowed papers or a name different from their real one. In these cases, what matters in a labor lawsuit is not the name on the papers but proof of the work performed: schedules, witnesses, payment receipts, text messages, time notebooks, and more. Labor courts focus on the employment relationship, meaning who worked and who paid, not on the validity of the identity documents presented at the start. Working under another name does not erase the right to claim earned wages.
4. How to protect your rights if you are in this situation
Keep all possible evidence: notes of hours worked, proof of payment, photos, messages, or witnesses. File taxes with your ITIN: even though it does not grant work permission, it shows compliance with the tax system. Do not let fear stop you: employers who threaten to call ICE or use your status against you are violating the law. Seek legal advice: every case is different, and a labor attorney can guide you confidentially and safely.
Having an ITIN or having worked with borrowed documents does not take away your right to claim fair wages. Labor law in the United States protects all workers regardless of immigration status. If you worked, you have the right to be paid. And although fear of retaliation is common, labor justice exists to make sure employers do not take advantage of immigrants’ vulnerability.
Disclaimer: This article is informational only and does not constitute specific legal advice. Every situation is different. If you have worked with an ITIN or under another name and want to claim wages, consult directly with an attorney specializing in labor and immigration law.
