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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I have a potential employee who does not have a social

Customer Question

Hi. I have a potential employee who does not have a social security number but has an ITIN. Can i hire them?
Submitted: 2 years ago.
Category: Social Security
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
The IRS issues ITINs to individuals who are required to have a taxpayer identification number but who do not have, and are not eligible to obtain, a Social Security Number. This almost always means that they are not allowed employment in the US because they are not here legally, or are here on a restricted Visa and not allowed to work for wages in the US.
Because as part of the hiring process in the US you must ensure that your prospective employee is eligible to work in the US, I suspect that when you perform that task, you will find that the reason they don’t have a Social Security Number is ***** they are not eligible for one.
If you were to hire this person anyway, if you were caught knowingly hiring someone not allowed to work in the US, you could be fined.
First offenders can be fined $250-$2,000 per illegal employee.
For a second offense, the fine is $2,000-$5,000 per illegal employee.
Three or more offenses can cost an employer $3000-$10,000 per illegal employee.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,