Keep Factually independent
Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.
What steps can undocumented workers take if an employer issues a W-2 with no SSN or with a bogus SSN?
Executive summary
If an employer issues a W‑2 with no Social Security number (SSN) or with an incorrect/bogus SSN, the immediate remedy in many cases is a corrected W‑2 (Form W‑2c) filed by the employer so the SSA and IRS can credit wages properly; the SSA keeps an Earnings Suspense File for unmatched wages and warns mismatches prevent correct crediting of earnings [1] [2]. Employers are required to correct mismatches and the SSA tells employers not to take adverse employment actions solely because of a name/SSN mismatch [3] [4].
1. What the paperwork landscape looks like — why an incorrect or missing SSN matters
When a W‑2 contains an SSN that doesn’t match SSA records, the SSA may not be able to post those earnings to any person’s Social Security record and will hold them in an Earnings Suspense File — historically hundreds of millions of wage items and a large dollar total — which can affect future benefit calculations if not corrected [1]. The IRS and SSA rely on employer W‑2 data to administer taxes and benefits, so accuracy of the SSN on the copy sent to the SSA (Copy A) matters; truncated or redacted SSNs may be allowed on employee copies but not on the SSA filing [5] [6].
2. First practical step: ask the employer to correct the W‑2
The routine fix is for the employer to file a corrected Form W‑2 (W‑2c) and transmit the correction to SSA and IRS; the SSA will then pass corrected information to the IRS and that usually resolves processing delays without the employee having to amend a return if no other data changed [2] [7]. Employer guidance and SSA materials specifically instruct employers to provide correct information to SSA and to file W‑2c when a correct SSN is later obtained [8] [3].
3. If you’re undocumented or lack a valid SSN: ITIN, “Applied For” or zeros — what sources show
People ineligible for SSNs (including many undocumented immigrants) can apply for an IRS Individual Taxpayer Identification Number (ITIN) to file federal taxes; ITINs don’t grant work authorization or Social Security benefits but do permit tax filing [9] [10]. SSA guidance for filings when a worker has applied for but not yet received an SSN allows employers to enter “Applied For” on paper W‑2s or zeros for electronic filing and to submit a W‑2c later when a number is issued [8].
4. Legal and employment risks employers face — and limits on employer reaction
SSA and payroll-industry notices repeatedly warn employers not to take adverse employment actions (layoff, suspension, firing, discrimination) merely because an SSA mismatch letter cites a name/SSN mismatch; such actions could violate state or federal law [4] [11] [12]. Employers may face penalties for filing incorrect name/SSN combinations and are expected to investigate and, where appropriate, seek corrected information or file corrections [13] [11].
5. Special considerations for undocumented workers who used fake or borrowed SSNs
Reporting and tax analyses note undocumented workers sometimes give borrowed or previously valid SSNs; wages reported under such numbers can result in taxes being credited to the SSN owner, and those wage credits may not be available to the undocumented worker unless the records are corrected [14] [15]. The SSA’s Earnings Suspense File exists precisely because mismatches, typos or improper SSNs mean the system cannot post wages to the correct person’s record [1].
6. If the employer refuses to correct the W‑2 — available procedural options
Tax‑advice and employer‑how‑to sources advise contacting the employer first to request a W‑2c; if the employer refuses, taxpayers can contact the IRS or SSA for help — SSA verifies names/SSNs for wage reporting and the IRS receives copies of W‑2/W‑2c filings — and the SSA/IRS processes generally cannot correctly credit wages until a corrected employer filing is made [2] [16] [17]. Available sources do not mention specific immigration-enforcement consequences from requesting corrections; they do emphasize the administrative penalty framework [13].
7. Practical filing notes and consequences for tax returns
Tax filing may be delayed or mismatched if the SSN on the employer’s SSA copy doesn’t match the filer’s SSN; when the employer later files W‑2c, IRS/SSA matching typically resolves the hold and taxpayers often do not need to amend returns if only the SSN changed [16] [7]. Record-keeping matters: employees should keep copies, ask for corrected W‑2s, and preserve any proof of wages and communications [18] [19].
Limitations and competing views: sources agree the administrative fix is W‑2c and employers shouldn’t take adverse actions for mismatches [2] [4]. Sources differ in emphasis about undocumented workers — policy explainers and tax analysts note ITINs are available for tax filing but underscore that ITINs do not confer employment authorization or Social Security benefits [9] [10] [20]. If you want steps tailored to a specific case (state rules, employer refusal, evidence of identity theft, or immigration concerns), state guidance and legal aid resources are not covered in these sources and should be sought separately — not found in current reporting.