Get answers to the top 5 most-asked immigration questions on Reddit for the week of March 10, 2025:
This week, we’re tackling the following questions:
- Can U.S. employers hire undocumented workers?
- Can undocumented immigrants legally work in the U.S.?
- How do you file taxes as an immigrant?
- Is a green card considered a REAL ID?
- Can my spouse keep their 10-year green card after we divorce? Will divorce affect their ability to stay in the U.S.?
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Disclaimer: While Boundless is authorized to own and operate our law firm, this response is coming from our research team, not our attorneys. The information we provide on this page is not legal advice.
#1: Can U.S. employers hire undocumented workers?
By law, employers cannot knowingly hire undocumented workers, as all employees must complete Form I-9 to verify their work eligibility. However, the situation can be more nuanced. Some undocumented individuals may present fraudulent but realistic-looking documents, and in such cases, employers are only required to examine these documents to determine if they reasonably appear to be genuine. If an employer unknowingly hires an undocumented worker due to falsified documents, they are not necessarily committing a crime, though legal risks still exist.
Additionally, independent contractors operate under different rules. Unlike traditional employees, businesses hiring independent contractors are not required to ask about their immigration status or complete Form I-9. This means companies may legally work with undocumented contractors without violating federal hiring laws. However, hiring undocumented individuals — whether knowingly or unknowingly — can still have legal consequences.
#2: Can undocumented immigrants legally work in the U.S.?
Undocumented immigrants are generally not authorized to work for U.S. employers, as federal law requires all employees to complete Form I-9 to verify work eligibility. However, some undocumented immigrants may qualify for work authorization through specific programs like Deferred Action for Childhood Arrivals (DACA). DACA recipients can apply for employment authorization from USCIS if they demonstrate economic necessity. While DACA provides temporary protection from deportation and work authorization, it does not grant lawful immigration status.
For those who do not qualify for work authorization, entrepreneurship offers a legal alternative. U.S. law does not explicitly prohibit undocumented immigrants from working as independent contractors or starting their own businesses. They can register a business and obtain an Employer Identification Number (EIN) or Individual Tax Identification Number (ITIN) from the IRS, allowing them to operate legally as business owners or freelancers and pay taxes. Some state and local programs also provide resources to support undocumented entrepreneurs. However, working as an independent contractor may come with risks, often exposing undocumented workers to exploitation and unsafe working conditions due to limited legal protections and oversight.
#3: How do you file taxes as an immigrant?
Immigrants, whether documented or undocumented, can file taxes in the U.S. using a Social Security number (SSN) or an Individual Taxpayer Identification Number (ITIN) if they don’t qualify for an SSN. The IRS requires all individuals earning income in the U.S. to file taxes, regardless of immigration status. To file, immigrants must complete Form 1040 and report their income, deductions, and credits. Filing taxes can help immigrants establish a record of good moral character, which may be beneficial for future immigration applications. Many undocumented immigrants file taxes using an ITIN, even though it does not grant legal status or work authorization. Free tax assistance is available through programs like VITA (Volunteer Income Tax Assistance) for those who need help navigating the process.
#4: Is a green card considered a REAL ID?
Yes, a valid green card is considered a REAL ID. It is one of the accepted documents proving legal presence in the United States and qualifies holders for a REAL ID-compliant driver’s license or identification card.
#5: Can my spouse keep their 10-year green card after we divorce? Will divorce affect their ability to stay in the U.S.?
If your spouse has a 10-year permanent green card, divorce will not affect their ability to keep it or their legal status in the U.S. They can renew their green card without being questioned about marital status. However, divorce may impact their eligibility for naturalization by removing the option for an expedited three-year path available to spouses of U.S. citizens; instead, they must wait five years to apply for citizenship.
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