This guide is general information, not legal or tax advice. It explains the rules as they stand on October 21, 2026. Your own history matters, so check your plan with an attorney before you act.
On this page
- Can I earn a living without a work permit?
- What kinds of work do people do on their own?
- Where is the line between my own business and a job?
- Which tax number do I use?
- Is it safe to get an ITIN and file taxes?
- How do I set up my business, step by step?
- Sole owner, LLC or co op: which fits me?
- Do I need a license or permit?
- How do I pay my taxes?
- How do I make sure I get paid?
- Where can I find money to start or grow?
- Can I hire people?
- What are the real risks, and how do I lower them?
- What changed in 2025 and 2026?
- Who can help for free in the Bay Area?
- Questions people ask
- Printables
Can I earn a living without a work permit?
Often, yes, by working for yourself. Here is the reason, in plain words.
Federal law makes it illegal for an employer to knowingly hire a person who is not allowed to work. Every employer must check each new employee's papers on Form I-9. That is why most job offers ask for a work permit.
But the federal rules say an "employee" does not include an independent contractor. USCIS, the agency that runs Form I-9, tells businesses they do not fill out Form I-9 for independent contractors. A client who hires your business to do a job is not your employer.
So freelancing, contracting and owning a business are real ways many people earn a living without a work permit. Think of the house cleaner with her own list of clients, the painter with his own truck and tools, the tutor, the cook, the designer.
Who this guide is for: anyone in California without a work permit, including people whose DACA or other permit has ended. If you still have a valid work permit, you can take a regular job, and working for yourself is a choice, not a need. If your permit ended recently, read What happens to my job when my DACA work permit ends? too.
What happens next: read the next two sections to see if your idea fits on the safe side of the line. Then book a free legal screening before your first client.
What kinds of work do people do on their own?
Start with what you already do well. Most people begin small, with one skill and a few clients, and grow from there.
Common paths in our community:
- Services you sell to many clients: house and office cleaning, gardening, painting, repairs, moving help, child care in your home, tutoring, music lessons, translating, sewing and alterations.
- Creative and computer work: graphic design, websites, photography, video editing, writing, social media help, bookkeeping.
- Food: cooking and selling meals from your home kitchen with a county permit, catering, or selling food from a cart. See Can I sell food from home or a cart?
- Licensed work: cosmetology, barbering, contracting, nursing, real estate and many other fields. California lets you get most state licenses without a Social Security number. See Do I need a license or permit?
- Your own store or company: selling goods online or at markets, running a shop, or owning a business with partners.
- A worker cooperative: a business owned and run by the people who work in it. See Sole owner, LLC or co op: which fits me?
Just finished college? Your degree is yours to use. See What you can do after college without a work permit.
Mistakes to avoid:
- Starting with a big loan or big costs before you have paying clients.
- Taking one "contract job" that is really a full time job with a boss.
- Skipping the license or permit your work needs.
Where is the line between my own business and a job?
The short answer: the more you run your own work, the safer you are. The more one client controls you like a boss, the more it looks like a job.
What you call yourself does not decide it. Federal rules look at each case, one at a time. They ask whether you:
- Bring your own tools or materials
- Offer your services to the public
- Work for more than one client at the same time
- Can make or lose money depending on how you run your work
- Pay for your own workspace or equipment
- Decide the order of the work and your own hours
The more of these are true, the more you look like a business of your own. A client should care about the result, not control how you do each step.
Two situations, side by side
| Looks like your own business | Looks like a job |
|---|---|
| You clean homes for eight families and set your own prices | One company gives you a schedule, a uniform and a supervisor |
| You use your own truck, ladders and paint | The company gives you everything you use |
| You can say no to a job and take another one | You can't turn down work without losing the "contract" |
| You send a bill when the work is done | You are paid by the hour, every two weeks, like the staff |
If your situation looks like the right column, stop and get advice. Don't sign a "contractor" agreement for what is really a job.
What does California's AB 5 law mean for me?
California has its own test, called the ABC test. AB 5 became law on January 1, 2020, and the test is now in Labor Code section 2775. Under it, you are treated as an employee unless the business that hires you can show all three:
- A. You are free from its control and direction, on paper and in real life.
- B. Your work is outside the usual kind of work that business does.
- C. You usually run your own independent trade or business doing that kind of work.
There are exceptions. One covers business to business deals, when you run a real business with its own location, any required business license, a written contract, your own tools and your own clients.
Why this matters to you: California employees get strong protections, like minimum wage and paid sick days, whatever their status. See Your rights at work in California: the complete guide. But federal hiring rules are written for employees. So if a client directs your work like a boss, you may be an employee under state law, and that brings up the federal hiring rules. This is a hard spot. Talk with a workers' rights clinic and an immigration attorney before you go on.
Mistakes to avoid:
- Signing anything that says you are an employee, or that lists a Social Security number that is not yours.
- Working for one client only, for months, on their schedule.
- Hiding your work from your attorney. They can only help with what they know.
Which tax number do I use?
Your own Social Security number if you have one. If you can't get one, an ITIN. Never use a number that is not yours.
| Number | Who gives it | What it is for |
|---|---|---|
| SSN (Social Security number) | Social Security Administration | Work, taxes and Social Security. Only for citizens and people DHS has allowed to work, plus a few others for limited reasons |
| ITIN (Individual Taxpayer Identification Number) | IRS | Your personal taxes, if you can't get an SSN |
| EIN (Employer Identification Number) | IRS | Your business's taxes, hiring workers, some bank accounts |
What an ITIN does and does not do. The IRS gives ITINs regardless of immigration status. An ITIN lets you file a return, pay self employment tax, and claim credits you qualify for. The IRS says it does not give you permission to work, does not change your immigration status, and does not qualify you for Social Security benefits.
How to get an ITIN:
- Fill out Form W-7 and attach it to your federal tax return.
- Prove who you are and that you are from another country. A current passport works alone. Without one, bring two papers, one with your photo.
- Apply free, in person, at an IRS office with ITIN services. Bay Area offices are in San Jose, San Francisco, Oakland, Walnut Creek and Santa Rosa. Call 844-545-5640 for an appointment. Or go to a free VITA tax site that does ITINs.
- Wait about 7 weeks, or 9 to 11 weeks from January 15 to April 30.
An ITIN expires if you don't use it on a federal return for three tax years in a row. Full steps are on How to get or renew an ITIN.
When a client asks for your number. Most clients ask you to fill out Form W-9 so they can report what they paid you. The IRS form says that if you live here and can't get an SSN, your tax number is your ITIN. A client does not fill out Form I-9 for an independent contractor.
Your EIN. An EIN is free from the IRS, and you can apply online with an ITIN, because the tool accepts an SSN or ITIN for the owner. Many owners get one so they don't have to give clients their ITIN, or to open a business bank account. Websites that charge for an EIN are not the IRS.
Mistakes to avoid:
- Paying someone who says an ITIN or EIN will give you a work permit. It won't. See Warning signs of an immigration scam.
- Buying a "new credit identity" or "CPN." The Federal Trade Commission calls that a scam, often built on stolen Social Security numbers.
- Mailing your only passport when a free office can check it and hand it right back.
Is it safe to get an ITIN and file taxes?
We won't pretend there is no risk. Here is the honest picture as of October 21, 2026.
- 2025: the IRS and Immigration and Customs Enforcement (ICE) signed an agreement to share some information. ICE asked for about 1.28 million addresses. The IRS gave ICE 47,289 before courts stepped in.
- November 21, 2025: a federal court in Washington, D.C. stopped the IRS from sharing more tax information with ICE, except in strict compliance with the privacy law. On September 8, 2026, the appeals court upheld that order.
- February 5, 2026: a federal court in Massachusetts stopped ICE and DHS from using the tax information they already got. The government appealed (Community Economic Development Center of Southeastern Massachusetts v. Bessent, First Circuit No. 26-1329), and the appeals court in Boston heard the case on October 7, 2026. The appeal is pending: we found no decision as of October 21, 2026. To check, search case number 26-1329 on the First Circuit's opinions page or ask a legal clinic.
- But the agreement itself still stands, and a different appeals court said the tax law likely allows some address sharing.
Not filing has risks too. If your net self employment earnings are $400 or more, the law requires you to file. And filing is how you get refunds and California credits you earned.
What to do: make this choice with good advice, not with fear alone. Talk with an immigration attorney first, then a free tax helper. Bring this question: "Does anything in my history change the risk for me?" The full timeline, updated as courts rule, is on Is it safe to file taxes with an ITIN right now?
How do I set up my business, step by step?
Start simple. You can grow later. Here is the order most people follow.
- Get advice. A free immigration legal screening first. Then a free business coach. See Who can help for free in the Bay Area?
- Get your tax number. Your ITIN, or your own SSN if you have one.
- Pick your business type. A sole owner business is the simplest. An LLC costs more each year but keeps business debts more separate from you. See the next section.
- Pick a name. If you form an LLC or corporation, you register it with the California Secretary of State. For an LLC, the Articles of Organization (Form LLC-1) cost $70 to file, and the Statement of Information (Form LLC-12) costs $20 (Secretary of State, checked October 21, 2026). If you work under a name that is not your own, ask your county clerk about a fictitious business name.
- Get an EIN, if you need one. It is free. You need one if you hire employees or run your business as a corporation or partnership. If you form an LLC, register it with the state first.
- Get local licenses and permits. Your city or county decides most of these. Ask your city hall about a business license. Food, hair, contracting and many other fields need more. See Do I need a license or permit?
- Open a bank account in the business name, and keep business money apart from family money. You don't need an SSN to open an account. See Open a bank account with an ITIN or consular ID.
- Set up your records. Write down every payment you get and every work cost you pay. Keep receipts. This one habit saves you money at tax time.
- Plan for taxes. No one takes tax out of your pay. Set money aside from every payment. See How do I pay my taxes?
- Put every job in writing. See How do I make sure I get paid?
What to bring to a business coach: your idea in a few lines, what you will charge, who your first clients might be, and what you need to buy to start.
What if a form asks for my Social Security number? Ask the office if you can use your ITIN or your business's EIN instead. Write down who you spoke with and what they said. If they still say no, a free business coach or legal aid office can help you find another way. Never use a number that is not yours.
More detail: Can I start a business without a Social Security number?
Sole owner, LLC or co op: which fits me?
Most people start as a sole owner. It is free to begin and easy to run. Change later if your business grows.
| Sole owner | LLC | Worker cooperative | |
|---|---|---|---|
| What it is | You and your business are the same | A separate business you register with the state | A business owned and run by the people who work in it |
| Cost to keep it | Local license and permit fees | $70 to form, then California LLC tax of $800 a year, plus a $20 Statement of Information | Depends on the legal form the members choose |
| Your personal money | Business debts are your debts | Business debts are more separate from you | Depends on the form |
| Taxes | Schedule C and self employment tax on your own return | Ask a tax helper before you form it | Ask a tax helper |
About the $800 LLC tax. The California Franchise Tax Board says every LLC doing business or organized in California must pay an annual tax of $800. The first payment is due by the 15th day of the 4th month after you file with the Secretary of State. LLCs with California income of $250,000 or more also pay an extra fee. The first year break that some people remember applied only to tax years 2021 through 2023. It does not apply to an LLC started today.
Can I pay myself from my LLC? This is an open legal question for people without a work permit. No official rule we found says whether an owner can take owner draws instead of a paycheck. Ask an immigration attorney before you form an LLC. Find free legal help.
A co op lets several people pool their skills and share the profit. Setting one up takes more planning than a sole owner business, so work with a business coach who knows co ops.
Mistakes to avoid:
- Forming an LLC you can't afford to keep. The $800 is due every year, even in a slow year.
- Paying a website to form your LLC or get an EIN when you could do it yourself or with free help.
Do I need a license or permit?
Maybe. It depends on your work and your city. Most businesses need at least a city business license. Many kinds of work need a state license too.
State professional licenses
California's licensing boards may not turn you down because of your immigration status. Here is the law:
- SB 1159 (2014) added section 135.5 to the Business and Professions Code. It says no board within the Department of Consumer Affairs may deny a license because of citizenship or immigration status. Every board had to make the change by January 1, 2016.
- Business and Professions Code section 30 lets you apply with an ITIN or an SSN. A board may not make you tell it your immigration status, and may not deny a license based only on that status. This covers the Department of Consumer Affairs boards, the State Bar and the Department of Real Estate.
That includes barbering and cosmetology, contractors, nursing, behavioral sciences, automotive repair, security guards, pharmacy, dental, accountancy and many more. You still have to meet every other rule: school or training hours, exams, fees and a background check.
One exception: a firearm permit for an armed security guard requires citizenship or permanent legal immigration status.
Outside these boards, a 2018 law (SB 695) lets you use an ITIN for a teaching credential and for CNA, home health aide, EMT and hemodialysis technician certificates (Ed Code 44339.5).
A license is not a work permit. An employer who hires you as an employee must still check your papers on Form I-9. What a license does is let you work for yourself, legally and at a higher price, in a skilled field.
Fingerprints. Many boards require them. The Board of Registered Nursing, for example, sends all applicants' fingerprints for state and federal criminal history checks. If you have ever been arrested, or have any immigration case, talk with an immigration attorney before you apply.
Full steps: Professional licenses without a Social Security number.
Can I sell food from home or a cart?
Yes, with the right county permit. Food is one of the most common ways our neighbors start a business.
Cooking meals at home in San Mateo County. A Microenterprise Home Kitchen Operation, or MEHKO, lets a resident cook in their own home kitchen and sell meals to the public, much like a small restaurant. San Mateo County passed its MEHKO ordinance on September 12, 2023. The county lists permitted home kitchens in East Palo Alto, Menlo Park, Redwood City and other cities. The county permit fee is $1,460 a year (county fee schedule effective January 1, 2026). State law sets the limits: no more than 30 meals a day and 90 a week, about $100,000 in sales a year (adjusted each year for inflation), and no more than one full time employee besides family or household members. A county can lower the meal limits but not raise them (Health and Safety Code 113825).
How to apply in San Mateo County:
- Read the county's MEHKO guidelines and FAQs, and watch its online food safety training.
- Fill out the permit packet: the application, a form describing how you will run your kitchen safely, and, if you rent, the rental form.
- Check with your own city for any extra rules.
- Questions: San Mateo County Environmental Health, (650) 372-6200, or mehko@smcgov.org (checked October 19, 2026).
Living in Santa Clara County? The county also issues MEHKO permits. Its Department of Environmental Health started the program as a three year pilot on April 14, 2023, and its permit page was still taking applications when we checked on October 21, 2026. You need a Food Safety Manager Certification, the county bills the application fee after you apply, and review can take up to 20 business days (Santa Clara County MEHKO permit). Ask the department what the fees are and whether the pilot has changed before you buy equipment.
Selling from a cart or table on the sidewalk (anywhere in California). State law protects sidewalk vendors. Your city can require a vending permit or business license and set health and safety rules, but it may not:
- ask for fingerprints or your criminal history, or ask about immigration status, citizenship or where you were born;
- require a Social Security number. If a number is needed, it must take a California driver's license or ID number, an ITIN or a city ID instead;
- make you get permission from a business or neighbor first, or ban roaming vendors from residential streets (Government Code 51038).
Your city may still ban stationary vendors in areas zoned only for homes, and near farmers' markets and swap meets while they are open. You will also need a free seller's permit from the California Department of Tax and Fee Administration for most goods (CDTFA: "There is no charge for a seller's permit," though a security deposit may be asked). The CDTFA form asks for a Social Security number or other documents listed on the application; ask the office which substitute it will take.
If you get a vending ticket, it can only be a fine, not a crime. Vending without a permit costs up to $250 the first time, $500 the second and $1,000 after that within a year. If your income is low, the city must accept 20% of the fine as full payment, and it can offer community service or a waiver (Government Code 51039). Show your permit if you have one; the fines drop.
For East Palo Alto residents: the city's mobile vendor packet still lists a LiveScan fingerprint step, which state law has banned for sidewalk vending since January 1, 2026. Ask the city what it requires today. Food carts also need a county health permit. Full local steps: Permits to sell food and goods in East Palo Alto.
Mistakes to avoid:
- Selling food before your county permit is approved.
- Buying a cart or big equipment before the county approves your plan.
How do I pay my taxes?
You pay taxes like any business owner, with your ITIN. No one takes taxes out of your pay, so you set money aside and pay during the year.
Do I have to file? Yes, if your net self employment earnings are $400 or more in a year. Net means what you earned minus your work costs. Cash counts. Payment apps count. You must report your income whether or not a client sends you a tax form.
What you owe:
- Self employment tax: 15.3%, which is 12.4% for Social Security and 2.9% for Medicare. You figure it on 92.35% of your net earnings, on Schedule SE. You owe it even though an ITIN does not qualify you for Social Security benefits.
- Federal income tax on your profit and other income.
- California income tax on your state return. You can file it with an ITIN.
A quick example of self employment tax only: you earned $20,000 and spent $4,000 on supplies and gas. Your net is $16,000. Times 92.35% is $14,776. Times 15.3% is about $2,261, before any income tax. Your numbers will differ.
Pay during the year.
| Federal (Form 1040-ES) | California (Form 540-ES) | |
|---|---|---|
| Pay if you expect to owe | $1,000 or more | $500 or more ($250 if married filing separately) |
| April 15, 2026 | Payment 1 | 30% |
| June 15, 2026 | Payment 2 | 40% |
| September 15, 2026 | Payment 3 | Nothing |
| January 15, 2027 | Payment 4 | 30% |
Write your ITIN wherever the form asks for an SSN. The IRS says you can still make estimated payments with an expired ITIN before you renew it. Late payments can bring a penalty, even if you get a refund in the end.
Forms you file each year: Form 1040 with Schedule C (your profit or loss) and Schedule SE (your self employment tax), plus California Form 540.
Tax forms clients send you:
- Form 1099-NEC: for 2026 payments, a business generally sends one if it paid you $2,000 or more.
- Form 1099-K: payment apps and card processors send one when payments top $20,000 in more than 200 transactions. You may get one below that.
Money back you may have earned. California counts net self employment earnings as earned income for the California Earned Income Tax Credit, and you can claim it with an ITIN. For tax year 2025 it was worth up to $3,756. See CalEITC and the Young Child Tax Credit with an ITIN.
What to bring to free tax help: your ITIN letter, your records of money in and money out, any 1099 forms, receipts for work costs, a log of miles driven for work, and last year's return.
Mistakes to avoid:
- Spending every payment. Set some aside each time you are paid.
- Not tracking costs. Real work costs lower your profit, so they lower your tax.
- Trusting a preparer who promises a huge refund or asks you to sign a blank return.
Full steps: How to pay taxes on self employment income with an ITIN.
How do I make sure I get paid?
Put it in writing, every time. Since January 1, 2025, California's Freelance Worker Protection Act has your back.
The law (SB 988) covers freelance workers hired for professional services worth $250 or more. Under it:
- The client must put the contract in writing and keep it for at least 4 years.
- You must be paid on the date in the contract. If the contract sets no date, pay is due no later than 30 days after you finish the work.
- The client may not punish you or treat you worse for using your rights under the law.
- A freelance worker who is cheated, or a public prosecutor, can take the client to court.
What to put in writing, even for small jobs: who you are and who the client is, what you will do, the price, when the work is due, when and how you will be paid, and what happens if plans change. Use the My client agreement sheet below.
Simple habits that protect your pay:
- Ask for a deposit before you buy materials.
- Send a bill (an invoice) with a number and a due date.
- Keep texts and emails about the job.
- Take photos of finished work.
- Use payment methods that leave a record.
If a client won't pay: send a polite written reminder with the invoice and due date. If that fails, ask a free legal clinic about your options under the Freelance Worker Protection Act. Legal Aid at Work runs a free clinic for workers with an East Palo Alto line, (415) 404-9093.
If you were really treated like an employee, you may be owed wages under California law. The Labor Commissioner does not ask about immigration status. See How to file a wage claim.
Where can I find money to start or grow?
Start with what you have, then build credit, then borrow small. Big loans are hard to get without status, and some doors closed in 2026.
What changed: since March 1, 2026, the U.S. Small Business Administration's main loan programs (7(a) and 504) require every owner to be a U.S. citizen or U.S. national. Lawful permanent residents no longer qualify either. So SBA backed bank loans are not an option for most readers of this page.
Doors that are still open:
- Build credit with an ITIN. The California Department of Financial Protection and Innovation says some banks and credit unions allow an ITIN in place of an SSN for credit cards and loans. A secured card or a credit builder loan is a common first step. See Build credit without a Social Security number.
- Lending circles. Mission Asset Fund runs zero interest Lending Circles of 6 to 12 people, for $300 to $2,400, and reports payments to all three credit bureaus. Its page does not list who qualifies, so ask them.
- Community lenders and credit unions that serve immigrant communities. Ask a free business coach which ones lend with an ITIN.
- Your own savings and small wins. Many businesses start with one client and grow on their own profit.
Mistakes to avoid:
- Loans with very high costs, like payday loans. They do not build credit.
- Anyone who wants a fee up front to "get you approved."
- Signing for a loan you can't explain back in your own words.
Can I hire people?
Yes, but every employer rule applies to you. Each employer must check every new employee's papers on Form I-9 and may not knowingly hire someone who is not allowed to work. You must also follow California pay and safety laws, like minimum wage and paid sick days. You need an EIN to hire employees.
If you hire another business or a real independent contractor to do a job, you don't fill out Form I-9 for them. But the same line applies to you as a client: you may not use a contract to get the work of someone you know is not allowed to work.
Before you hire anyone, talk with a business coach and an attorney.
What are the real risks, and how do I lower them?
Working for yourself is a real path, and it has real edges. Here they are, without sugar coating, each with what you can do.
| Risk | What you can do |
|---|---|
| A "contract" job that is really employment with a client who knows your status | Build a real business with several clients and your own tools. Get advice before you sign. |
| Using a Social Security number that is not yours | Never do it. Use your ITIN or EIN. If you did it in the past, tell your attorney. |
| Tax information reaching immigration agents | Get advice before you apply for an ITIN or file. Follow the court cases on Is it safe to file taxes with an ITIN right now? |
| Not filing taxes you owe | File when the law requires it. Use free, trusted tax help. |
| No safety net if work slows | Save when you can. Self employed people without work authorization can't get unemployment, because EDD requires permission to work. See Lost your job and can't get unemployment? |
| Clients who don't pay | Written agreements, deposits and invoices. The Freelance Worker Protection Act helps for jobs of $250 or more. |
| Working without a needed license or permit | Check with your city, county and the state board before you start. |
| Scams that promise papers, a work permit or a "new identity" | No business filing, ITIN, EIN or license gives you a work permit. See Warning signs of an immigration scam. |
| Immigration enforcement disrupting your business | Make a plan for who will run things and who can sign for you. See Protect your business if immigration enforcement comes and Make a family preparedness plan. |
If this feels like a lot, you are not alone. Most people take these steps one at a time, over months. Start with the free legal screening.
What changed in 2025 and 2026?
Only confirmed changes are listed here.
- January 1, 2025: California's Freelance Worker Protection Act (SB 988) took effect. Freelance jobs of $250 or more need a written contract, and pay is due on the agreed date or within 30 days of finishing.
- 2025: the IRS and ICE signed an agreement to share some taxpayer information. ICE got 47,289 addresses before courts stepped in.
- November 21, 2025: a federal court in Washington, D.C. stopped further IRS sharing with ICE except in strict compliance with the privacy law. The appeals court upheld that order on September 8, 2026.
- February 5, 2026: a federal court in Massachusetts stopped ICE and DHS from using the tax information they got. The appeal was argued October 7, 2026, and was still pending when we checked on October 21, 2026.
- Tax year 2026: the Form 1099-NEC reporting point rose to $2,000. Payment apps send Form 1099-K when payments top $20,000 in more than 200 transactions.
- March 1, 2026: the SBA's 7(a) and 504 loans became open only to businesses owned 100% by U.S. citizens or U.S. nationals.
- June 8, 2026: the Consumer Financial Protection Bureau said lenders may consider immigration status, and named an ITIN as a possible sign of unlawful presence. The statement is not law.
- 2026 self employment tax: still 15.3%. The Social Security part stops after $184,500 of combined earnings.
What did not change: independent contractors are still not "employees" under the federal hiring rules, and California licensing boards still may not deny a license because of immigration status.
Who can help for free in the Bay Area?
You don't have to figure this out alone. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.
Immigration legal advice (only an attorney or a DOJ accredited representative may give it):
- Community Legal Services in East Palo Alto (CLSEPA): serves low income residents of San Mateo and Santa Clara counties. Walk ins Monday to Friday, 9 a.m. to 1 p.m.
- Immigration Institute of the Bay Area, Redwood City: consultations by appointment at (650) 587-1558. The first consultation is free.
- More options and how to check anyone first: Free legal help in the Bay Area and Find a lawyer you can trust.
Workers' rights and unpaid clients:
- Legal Aid at Work: free clinic for workers with lower incomes. East Palo Alto line: (415) 404-9093.
- California Labor Commissioner: 833-526-4636, if you were really treated as an employee and not paid.
Taxes and ITINs:
- IRS offices with free ITIN document checks: appointments at 844-545-5640. Bay Area offices in San Jose, San Francisco, Oakland, Walnut Creek and Santa Rosa.
- Free VITA tax sites with ITIN services (United Way Bay Area list): Puente de la Costa Sur in Pescadero, 650-879-1691; West Valley Community Services in Cupertino, 408-255-8078; Catholic Charities of Santa Clara County, taxez@ccscc.org. Full list (uwba.org)
- IRS VITA locator: find a free tax site or call 800-906-9887. Ask if the site handles self employment income and ITIN returns.
Business training, licenses and permits:
- ImmigrantBizHub: online business training that says it is open to immigrants regardless of status. Ask about cost. immigrantbizhub.org
- Immigrants Rising: free guides on working for yourself, and on ITINs, EINs and taxes. Working for Yourself (Immigrants Rising)
- Department of Consumer Affairs (state licenses): (800) 952-5210.
- San Mateo County Environmental Health (home kitchen permits): (650) 372-6200.
Credit and money:
- Mission Asset Fund Lending Circles: missionassetfund.org
- 211: free help finding local services. 211: free help finding local services
Questions people ask
Can I work as a 1099 contractor for one company? Be careful. If that company controls your hours and how you work, it may really be a job, and a company may not use a contract to get the work of someone it knows can't work. Build a business with several clients, and talk with an immigration attorney before you sign. See Where is the line?
Will my clients ask about my immigration status? Clients do not fill out Form I-9 for independent contractors. Most will ask for Form W-9, which asks for your tax number. If you can't get an SSN, that is your ITIN, or your business's EIN.
Does an ITIN, EIN, LLC or license give me a work permit? No. The IRS says an ITIN does not authorize work. A license shows you are qualified, but employers must still check employees' papers. These tools let you run your own business. They do not change your immigration status.
Do I need an EIN? Only in some cases, like if you hire employees or run your business as a corporation or partnership. Many owners get one anyway so they don't have to give clients their ITIN. It is free and you can apply online with an ITIN.
I get paid in cash. Do I still have to file? Yes, if your net self employment earnings are $400 or more. You must report income whether or not you get a tax form for it.
Will paying self employment tax give me Social Security later? Not with an ITIN. The IRS says an ITIN does not qualify you for Social Security benefits. You still owe the tax.
Can I get California tax credits with self employment income? Often, yes. California counts net self employment earnings as earned income for CalEITC, and you can claim it with an ITIN. See CalEITC and the Young Child Tax Credit with an ITIN.
Can I get a professional license without papers? For most state licenses, yes. California boards may not deny a license because of immigration status, and you can apply with an ITIN. The armed guard firearm permit is the exception. See Professional licenses without a Social Security number.
Can I get an SBA loan? Not since March 1, 2026, unless every owner is a U.S. citizen or U.S. national. Look at credit unions, community lenders and lending circles instead.
Can I get unemployment if my business slows down? No. EDD requires permission to work in the U.S. Other help may be open to your family. See Lost your job and can't get unemployment?
What if a client won't pay me? For freelance work of $250 or more, California requires a written contract and pay by the agreed date or within 30 days of finishing. You can take a client to court under that law. A free legal clinic can help you decide your next step.
Can I sell food I cook at home? In San Mateo County, yes, with a home kitchen (MEHKO) permit from the county. The fee is $1,460 a year. Call (650) 372-6200 to start.
My DACA ended. What now? When your card ends, your employer must check your papers again, and without a valid work permit it may no longer keep you working. Working for yourself may be an option. Read What happens to my job when my DACA work permit ends? and book a free legal screening to check every path to status.
Someone offered to sell me a Social Security number or a "new credit identity." Should I? No. It is a scam and a crime risk. The Federal Trade Commission says new credit identity schemes often use stolen Social Security numbers.
Printables
Before you take your first client
Talk first
- I had a free immigration legal screening about my situation
- I asked about my ITIN, and about filing taxes, before I applied
My tax numbers
- I have my own SSN, or an ITIN from the IRS
- I got a free EIN from irs.gov, if I need one
- I know how to fill out Form W-9 for a client
Am I really independent?
- I bring my own tools or materials
- I offer my work to the public
- I have, or am looking for, more than one client
- I set my own hours and decide how to do the work
- My client cares about the result, not how I do each step
Licenses and permits
- I asked my city about a business license
- I checked if my work needs a state license or county permit
Money
- I opened a bank account and keep business money apart
- I write down every payment I get and keep receipts
- I save part of each payment for taxes
- I know my estimated tax dates
- I know where to get free tax help
You don't need every box checked to begin. Don't write your immigration status, ITIN or bank numbers on this sheet.
From Earning Without a Work Permit Complete Guide. Facts checked October 21, 2026. Free information, not legal or medical advice.
My client agreement
My business name: ____________________
Client name and phone or email: ____________________
What I will do: ________________________________________
Where: ____________________ Start date: __________ Finish date: __________
Price: $__________ Deposit: $__________ due on __________
Rest of payment: $__________ due on __________ (California: for jobs of $250 or more, if no date is set, pay is due within 30 days of finishing)
How I will be paid: check / bank transfer / payment app / other: __________
If plans change: ________________________________________
Materials: I bring / client provides
Signed (me): ____________________ Date: __________
Signed (client): ____________________ Date: __________
Each of us keeps a copy. The client must keep it for at least 4 years. Keep your copy with your records.
From Earning Without a Work Permit Complete Guide. Facts checked October 21, 2026. Free information, not legal or medical advice.
You have skills, and you have the right to use them in every way the law allows. Building your own work takes courage. Take the next step today: book the free legal screening. We are cheering you on.
Sources
- California Board of Registered Nursing: Fingerprint instructions checked October 18, 2026
- California code (california.public.law): CA Bus And Prof Code section 30 checked October 18, 2026
- California code (california.public.law): Government Code section 51038 checked October 21, 2026
- California code (california.public.law): Health And Safety Code section 113825 checked October 21, 2026
- California code (FindLaw): Business and Professions Code section 7583 checked October 18, 2026
- California code (Justia): Labor Code section 2775 checked October 18, 2026
- California code (Justia): Labor Code section 2776 checked October 18, 2026
- California Department of Consumer Affairs: Licensing boards and bureaus checked October 18, 2026
- California Department of Tax and Fee Administration: Applying for a sellers permit checked October 21, 2026
- California DFPI: Basic banking and credit for new americans part 2 inclusive banking services for new californians checked October 18, 2026
- California EDD: Benefits and resources for undocumented workers checked October 19, 2026
- California Franchise Tax Board: 2025 FTB 3514 instructions (CalEITC) checked October 18, 2026
- California Franchise Tax Board: Estimated tax payments checked October 19, 2026
- California Franchise Tax Board: ITIN checked October 19, 2026
- California Franchise Tax Board: Limited liability company checked October 19, 2026
- California Labor and Workforce Development Agency: Employment status (ABC test) checked October 18, 2026
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- CalMatters Digital Democracy: SB 988 (Freelance Worker Protection Act) bill summary checked October 19, 2026
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- CFPB: What are some ways to start or rebuild a good credit history checked October 18, 2026
- City of East Palo Alto: Mobile vendor application package checked October 21, 2026
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- IRS: Do you need an EIN checked October 19, 2026
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