Can immigrant workers who obtain legal work status claim the EIC for a previous year?
Workers who otherwise met all the EIC eligibility requirements in previous years, and later obtain legal work status from the U.S. Citizenship and Immigration Services (USCIS), may be able to claim the EIC for up to three previous years. A workers spouse or qualifying children, if any, must also have legal work status. After receiving legal work status from the USCIS, the worker, spouse and qualifying children must obtain Social Security numbers. Such workers may claim the EIC by amending their tax return for the previous year, even if they had been denied the EIC in that year because they had not yet obtained a valid Social Security number. Or workers can file an original return for the previous year if they had not already done so. For more information, see IRS National Office Chief Counsel Advice Memorandum, CCA 200028034,Claiming Previously Denied Earned Income Credit due to Invalid Social Security Numbers, June 9, 2000. Contact the IRS at (202) 622-6060.
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- Can immigrant workers who obtain legal work status claim the EIC for a previous year?
