Can the government find out if I worked using a Social Security number even if I wasn't authorized?

The situation

I am currently living in Texas and I am very worried about my immigration status. About two years ago, back in early 2022, I found a job at a local warehouse. At that time, I didn't have my work permit yet, but I needed to get paid, so I used a Social Security number to set up my payroll and tax withholdings. I worked there for about eight months and earned roughly $25,000 in total wages before I left that job. I have already tried checking with my former employer to see if they reported my earnings correctly, and they confirmed that all my tax information was sent to the Social Security Administration. Now that I am finally applying for my legal residency, I am terrified that the government will see that I earned money while I wasn't authorized to work. Does the Social Security Administration automatically tell immigration officials the names and addresses of people who report earnings on a number they aren't supposed to be using? I need to know if my past paycheck records will be used against me in my upcoming hearing.

Detailed Analysis

Under the Immigration and Nationality Act, there is a specific reporting requirement regarding earnings. The law states that "If earnings are reported on or after January 1, 1997, to the Social Security Administration on a social security account number issued to an alien not authorized to work in the United States, the Commissioner of Social Security shall provide the Attorney General with information regarding the name and address of the alien, the name and address of the person reporting the earnings, and the amount of the earnings"^[1]. This means that because your former warehouse employer reported your $25,000 in wages to the Social Security Administration, that information is legally required to be shared with the Attorney General (the head of the Department of Justice)^[1].

In your specific situation, since you worked in early 2022 without a work permit and used a Social Security number to set up payroll, your identity and earnings are part of this reporting mandate. The law does not say this information is kept private; rather, it explicitly requires the Commissioner of Social Security to provide your name, address, and the amount earned to immigration authorities^[1].

Whether these specific records will be used against you in your upcoming residency hearing is not settled by these statutes. While the law mandates the *sharing* of the information, it does not explicitly state how an immigration officer or judge will weigh that information during your specific hearing. It is uncertain if the government will prioritize this past unauthorized work or if other factors in your application will take precedence.

Note that state or local laws may add further rules regarding employment or privacy, which you should check with a local professional.

Statutory Citations

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