How to update your Social Security number with your employer

This page is general information, not legal advice. Your past work history and immigration case decide what is safest for you. Free help is listed below.

Can my employer punish me for updating my number?

No. California law says an employer may not fire you, discriminate against you, retaliate, or take any other bad action against you because you updated, or tried to update, your personal information after a lawful change to your name, Social Security number, or federal work permit (Labor Code 1024.6).

Other California rules also apply:

• Your employer may not ask for more or different documents than federal law requires, or refuse documents that look real (Labor Code 1019.1).
• Your employer may not use E-Verify on current workers at a time or in a way federal law does not require (Labor Code 2814).
• Your employer may not report or threaten to report your immigration status to punish you for using your rights (Labor Code 244).

What if I never used another number?

If you worked under your own name, and either had no number on file or used an ITIN, the update is usually simple:

1. Get your Social Security card and your work permit or green card.
2. Write a short letter to HR or payroll saying you now have a Social Security number and asking them to update your records. Keep a copy. You can use the letter below.
3. Fill out a new W-4 and DE 4 if your employer asks, with your new number.
4. Ask what papers they need. Show only what is required. If they ask for something unusual, ask them to put the request in writing.
5. Check your next pay stub. It should show the last four digits of your new number or your employee ID (Labor Code 226).
6. Tell the IRS if you had an ITIN. Send a letter saying you got a Social Security number and asking them to combine your tax records. Include your name, address, ITIN, a copy of your CP565 notice if you have it, and a copy of your Social Security card. Mail it to Internal Revenue Service, Austin, TX 73301-0057, or go to a local IRS office (IRS). The IRS says that without this, you may not get credit for all wages paid and taxes withheld.
7. Use your new number from now on for taxes, not your ITIN (IRS).

What if I worked under a number that was not mine?

Stop here and get legal advice before you tell your employer. We know that is hard to hear when you are excited to finally do things right. It matters.

Why. When you update, your employer and the government may see that the old number was not yours. Federal immigration law treats some past statements very seriously:

• Using fraud or a willful lie about an important fact to get an immigration benefit can make a person inadmissible (8 USC 1182(a)(6)(C)(i)).
• Falsely claiming to be a US citizen, for any purpose under federal or state law, can make a person inadmissible. This is a separate rule with a very narrow exception (8 USC 1182(a)(6)(C)(ii)). Some job forms ask whether you are a citizen. If you ever checked that box, tell your lawyer.

These rules can affect a future green card or citizenship. A lawyer can look at what you signed in the past and help you choose the safest path. Options people discuss with their lawyers include updating at the current job, or starting fresh at a new job with the new number. We do not tell you which is right, because it depends on your history.

What will my employer do?

Every employer handles this a little differently. Your employer may:

• Ask you for your new Social Security card and work papers
• Update payroll and tax records
• Ask you to fill out new hiring forms

What California says your employer cannot do is fire you or punish you for the update itself (Labor Code 1024.6), or ask for more documents than federal law requires (Labor Code 1019.1).

What your employer must do on the federal hiring form (Form I-9) when your number changes depends on your history. Ask your lawyer before you update. Employers follow USCIS's Handbook for Employers (M-274), and your lawyer can check it against your case.

What if I am fired or punished after I update?

1. Write down what happened, with dates and names.
2. Ask for the reason in writing.
3. File a retaliation complaint with the Labor Commissioner within one year (Labor Commissioner). The office says it does not question workers' immigration status and does not report it. You do not need a Social Security number or photo ID to file.
4. If your employer asked for too many papers or rejected good ones, you can also contact the federal Immigrant and Employee Rights Section (IER) at 1-800-255-7688. IER charges must be filed within 180 days (IER).
5. Get your final pay. If you were fired, all wages are due right away (Labor Commissioner FAQ). See Your final paycheck.
6. Call a clinic that can answer both work and immigration questions.

For more on what counts, see What counts as illegal retaliation at work.

What mistakes should I avoid?

• Telling your employer before getting advice, if you ever used another number.
• Writing details about past documents in your letter. Keep it short: you have a new number, please update it.
• Contacting Social Security about old earnings before talking to a lawyer.
• Forgetting the IRS if you had an ITIN.
• Signing anything that says you lied without a lawyer.
• Missing the one year deadline if you are punished.

Who can help?

These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Legal Aid at Work, Workers' Rights Clinic: free and confidential for people within its income limits or age 60 and over. East Palo Alto line: (415) 404-9093. Clinic details
• Immigration legal help: see Free legal help in the Bay Area and How to find a trusted lawyer. Avoid notarios.
• Labor Commissioner: retaliation complaints, with phone interpreters at 833-526-4636. How to file
• Immigrant and Employee Rights Section (federal): 1-800-255-7688, TTY 711. IER

You worked hard to get here. Taking one careful step at a time protects what you have built.

Questions people ask

Do I have to update my number at work? Ask your lawyer. Many people want to, so their wages count toward Social Security under their own number. The right timing depends on your history.

Can my employer run me through E-Verify again? California limits E-Verify on current workers to what federal law requires (Labor Code 2814). Ask a clinic if your employer tries.

My name also changed. Do I update both? Update your name with Social Security first, then give your employer the new information. Labor Code 1024.6 covers lawful name changes too.

Will updating at work tell immigration about me? We cannot promise what any agency will or will not see. That is exactly why to talk to an immigration lawyer first.

Is there a letter I can print?