Int’l driver’s licenses and ITIN’s don’t authorize work in US

Dear Atty Gurfinkel:

I would like to work in the US, but I heard that I need to show a valid driver’s license and Social Security Number to an employer, before I can be hired. But since I am out of status, I cannot get a driver’s license from the Department of Motor Vehicles.

I also heard of companies that, for a fee, can help people get an international driver’s license and Individual Taxpayer Identification Number (ITIN), and that I would be able to legally work using the international driver’s license and ITIN. In other words, the international driver’s license and ITIN are "just like" a DMV issued driver’s license and an SS#.

If I obtain an international drivers license and ITIN, will I be able to work legally?

Very truly yours,

AG

Dear AG:

A non-citizen can work in the US "legally" only if authorized to do so by the Department of Homeland Security (DHS), through a green card, non-immigrant visa (such as H-1B, L-1, E- 12, etc.), a validly obtained work authorization, and similar documents. Mere possession of a driver’s license and SS# does not constitute "official" DHS authorization to work.

Many states and the Social Security Administration have made it tougher for illegal aliens to obtain driver’s licenses and SS#’s, to prevent illegal aliens from obtaining unauthorized employment, in violation of current immigration laws.

Desperate in their desire to work, non-immigrant aliens, who heard about international driver’s licenses and ITIN’s, mistakenly believe that these documents can be used in place of DMV issued driver’s licenses and SS numbers, and allow them to work legally. But that is not the case.

International Driver’s Licenses:

According to the Automobile Association of America (AAA), a very reputable organization that issues international driver’s licenses, an international driver’s license is not, and cannot be, used in place of a DMV issued driver’s license. In essence, an international driver’s license is merely a "certified" TRANSLATION of a driver’s existing DMV-issued driver’s license. In order to apply for and obtain an international driver’s license, the applicant must already have VALID state-issued driver’s license, which is to be "translated" into another language, so that when the person travels to a foreign country, they will have a document that translates their existing driver’s license. But you must still have, and present, your valid DMV issued driver’s license along with the international driver’s license. (International driver’s licenses can also be obtained abroad, and are used in the US for driving purposes only, as long as the person already has a valid foreign driver’s license.).

But an international driver’s license is not an "official" government-issued form of identification, and does not, standing alone, allow a person to drive, and especially not to work.

ITIN’s

According to the IRS, "ITIN’s are for federal tax reporting only, and are not intended to serve any other purpose. An ITIN does not authorize work in the U.S. or provide eligibility for Social Security benefits or the Earned Income Tax Credit. ITINs are not valid identification outside the tax system." ITINS are issued to foreign nationals, regardless of their immigration status, when the foreign national has tax reporting requirements, but does not qualify for an SS #. So, per IRS, ITIN’s do NOT authorize work, and cannot be used as a form of ID outside the tax system.

As you can see, the AAA and IRS confirm that international driver’s licenses and ITINs do not authorize work, and cannot be used as a substitute for a DMV issued driver’s license or SS #.

If you are in illegal status, and want to be legal, my advice is to stop looking for short cuts or substitutes for valid legal status. You should consult with a reputable attorney, who could evaluate your situation, and advise you of your real choices and options, along with the risks, and benefits.

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