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I’m out of status and hold an ITIN, which allows me to file taxes. I’d like to know if I can file taxes using the W-2 issued by my employer where I work.
Can I use the ITIN like a Social Security number?
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Someone out of status who holds an ITIN must file taxes using Form 1099 (issued to independent contractors), not a W-2. Note that an ITIN begins with the digit ‘9,’ unlike a Social Security number, so employers cannot legally hire someone using this number as if it were an SSN — this is something to be careful about. For reference, anyone out of status can obtain an ITIN using IRS Form W-7, and all that’s needed is an ID document such as a passport.