Undocumented Workers Have Tax Rights!

The following page is for informational and educational purposes only. It is not legal advice and it does not create an attorney-client relationship with our clinic. If you need help please Contact Us.

People who live and work in the United States without documentation are still entitled to many of the benefits of the United States tax system. All workers have the right to a tax refund.

Filing Taxes for a Refund

  1. A worker who receives a Form “W-2” from their job has taxes taken out of their paychecks automatically. Sometimes, they take more money for tax than workers really owe.

  2. When the government takes too much money, workers can get money back by filing taxes and getting a tax refund even if the worker does not have documentation.

  3. A contracted worker who receives a Form “1099-MISC” and has paid taxes may also be able to get money refunded.

  4. To get money back, an undocumented worker must fill out an IRS Form W-7, a Form 1040 tax return, and get an Individual Taxpayer Identification Number (“ITIN”)

For help with filing taxes and getting an ITIN, make an appointment with:

CA$H Oregon 1010 SE Stark Street Portland, OR 97214

cashoregon.org - (503) 243-7765

Worker Misclassification

Sometimes, undocumented workers considered “Independent contractors” and receive a Form 1099-MISC when they should receive a Form W-2.

Employees that receive a Form W-2 get more rights, benefits, and pay less taxes than independent contractors.

If a worker doesn’t have control over where, when, and how they work, they might be in a situation where they are not classified correctly.

When this happens, workers should know that they have a right to fix their classification.