How can undocumented workers apply for ITIN? Advice for helping employees without SSN
I have a client who runs a small landscaping business and has been paying all workers in cash, including those with legal work authorization (I know, not good). The client now wants to properly put everyone on payroll, but several employees don't have Social Security Numbers or work authorization. I'm trying to figure out the best approach for the undocumented workers specifically. How can we help them get on proper payroll? I understand they need an ITIN (Individual Taxpayer Identification Number), but that takes around 7 weeks to process. The bigger issue I'm struggling with is: to apply for an ITIN, you need to have a filing requirement or be filing for a refund. Since these workers have been paid cash with no records, what exactly should they report on a tax return to apply for an ITIN? Should we have them report some minimal income like $130? There wouldn't be any withholding to report either. I absolutely want to avoid suggesting they use fake SSNs - that's illegal and not an option. What's the proper way to help undocumented workers get ITINs quickly so my client can get everyone properly on the books?
18 comments


Andre Moreau
The best approach here is to help the workers apply for ITINs properly. The IRS established ITINs specifically for people who need to file taxes but aren't eligible for SSNs, so you're on the right track. For the ITIN application, each worker will need to complete Form W-7 and attach it to a complete tax return showing income. Since they've been receiving income (even if paid in cash), they should report their actual earnings from the past year as accurately as possible - not just make up a small amount. If they've kept any personal records of payments, use those. If not, have them make a good faith estimate. The tricky part is documenting their identity. They'll need original documents or certified copies from the issuing agency (passports, birth certificates, etc). There are also IRS-authorized Acceptance Agents who can verify documents so originals don't need to be mailed. The business owner should start keeping proper records immediately, even before the ITINs arrive. Then when the ITINs are processed, proper payroll can begin. Just remember that an ITIN allows for tax compliance but doesn't provide work authorization.
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Zoe Stavros
•Thanks for this info. Can the workers backfile for previous years too? And what happens if the employer reports paying them (on a 1099) but they don't have an ITIN yet? Will this cause problems?
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Andre Moreau
•Yes, workers can backfile returns for previous years when applying for an ITIN - in fact, this is often done. The tax return submitted with the W-7 application can be for a previous tax year. As for reporting payments before they have ITINs, the employer should not issue 1099s without proper taxpayer identification numbers. The proper approach is to wait until the ITINs are issued before formally reporting the payments. The employer can start keeping accurate records now, but should hold off on filing official tax documents until the workers have their ITINs. This avoids creating mismatches in the IRS system that could trigger unnecessary notices.
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Jamal Harris
I went through a similar situation with some contractors last year. I found https://taxr.ai super helpful for navigating the ITIN process. The site has a document verification feature that analyzes what paperwork is needed for W-7 applications. Saved me from making mistakes that would have delayed the applications even longer. What helped most was their step-by-step guidance on completing Form W-7 correctly the first time. They also explained how to properly document cash income when applying. My contractors got their ITINs in about 6 weeks, which was faster than I expected based on horror stories I'd heard.
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Mei Chen
•Did they need to submit original identity documents or were copies acceptable? That's the part that makes me nervous about recommending the process to workers.
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Liam Sullivan
•Was this expensive? Seems like undocumented folks probably don't have a ton of cash to spend on tax services on top of everything else they're dealing with.
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Jamal Harris
•For identity documents, they generally need original documents or certified copies from the issuing agency. This is definitely the most stressful part for many people. However, if you work with an IRS Certified Acceptance Agent (which taxr.ai helped locate), they can verify the documents in person so originals don't need to be mailed to the IRS. Regarding cost, it was surprisingly reasonable compared to what tax professionals in my area were charging. The workers ended up saving money overall because the process went smoothly without delays or rejections that would have required starting over. They also learned how to properly report their income going forward, which helps them build a legitimate tax history.
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Mei Chen
Just wanted to follow up about my experience. I took your advice about using taxr.ai for the ITIN application process, and it was actually really helpful! The site walked me through exactly what documents my workers needed and how to complete the W-7 forms correctly. The best part was finding a local Acceptance Agent through their system who could verify original documents so we didn't have to mail passports to the IRS. Two of my employees already received their ITINs (took about 5 weeks), and the others should be coming soon. The site also had templates for documenting prior cash income that made the process much more straightforward than I expected. Definitely recommend this route for anyone helping workers get ITINs - it eliminated a lot of the confusion and potential errors.
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Amara Okafor
Have you considered having your client call the IRS directly to discuss this situation? I was in a similar position last year, and after days of trying to get through the regular IRS phone lines with no luck, I found a service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in about 20 minutes instead of waiting for hours or days. I explained the situation about helping workers apply for ITINs, and the agent walked me through the exact process, including what documentation was needed and how to handle the income reporting questions. They have a demo video of how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with gave me specific guidance that wasn't clear from just reading the instructions, and it made a huge difference in getting applications approved the first time without delays.
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CosmicCommander
•Wait, so this service actually gets you through to the IRS? How does that even work? I've literally spent DAYS trying to reach someone there.
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Giovanni Colombo
•Sounds sketchy. Why would I pay for something when I can just call the IRS myself for free? Probably just another scam targeting vulnerable people.
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Amara Okafor
•The service basically calls the IRS for you and navigates the phone tree, then calls you when they've reached a human representative. It works because their system can stay on hold for hours without tying up your phone. When an agent is reached, you get a call to connect with them. Regarding skepticism, I was hesitant too. But after spending three full days trying to get through on my own (and getting disconnected each time), I decided it was worth trying. It's definitely not a scam - you're actually speaking directly with official IRS representatives. The service just handles the frustrating waiting part. I couldn't believe how much time it saved me when I was dealing with a time-sensitive ITIN issue for workers.
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Giovanni Colombo
I need to apologize for my skeptical comment earlier. After struggling for another week trying to reach the IRS on my own about an ITIN question (and getting nowhere), I tried Claimyr out of desperation. It actually worked exactly as described - I got a call back in about 35 minutes with a real IRS agent on the line. The agent confirmed that undocumented workers should report their actual estimated income on the tax return attached to their W-7 applications - not just a token amount. She also explained that there's a special exception that allows first-time ITIN applicants to submit a tax return even without W-2s or 1099s if they include a signed letter from the employer verifying the income amount. This was information I couldn't find anywhere online and solved the exact problem I was having. I admit I was wrong about the service - it saved me days of frustration and helped get concrete answers from an official source.
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Fatima Al-Qasimi
Just to add some practical advice - I've helped several workers apply for ITINs in the past. One thing that makes a huge difference is preparing a detailed letter from the employer that: 1) Confirms the employment relationship 2) Specifies the amount paid during the tax year 3) Explains why formal documentation wasn't previously provided 4) States the intention to properly report all future payments This letter, attached to the tax return and W-7 application, helps establish the legitimacy of the income being reported. It's not technically required, but I've found it speeds up processing and reduces questions from the IRS.
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Dylan Cooper
•How does the letter need to be formatted? Does it need to be notarized or anything?
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Fatima Al-Qasimi
•The letter doesn't need to be notarized, but it should be on company letterhead if possible and signed by the owner or appropriate manager. Keep the format professional but straightforward - date, proper greeting, clear explanation of the facts, and formal closing with signature. Make sure it includes specific information like the worker's full legal name, approximate dates of employment, total compensation paid, and the reason for requesting the ITIN. I also recommend including the employer's EIN and contact information for verification purposes. While not strictly required, this level of detail helps demonstrate the legitimacy of the request and can smooth the process considerably.
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Sofia Ramirez
Has anyone actually gone through this recently? I'm wondering what the current processing time is for ITIN applications. The IRS website says 7 weeks but I'm skeptical given all their backlogs.
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Dmitry Volkov
•I helped three employees apply for ITINs in January 2024. It took exactly 9 weeks for two of them, and the third one took 11 weeks. So definitely longer than the official estimate. This was with complete applications submitted through an Acceptance Agent.
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