The Basic Answer

To collect Social Security retirement or disability benefits, you must have a valid Social Security number and a work history in the United States. Immigration status matters because it affects whether you can work legally and build that work history. If you worked in the U.S. without authorization, those earnings typically do not count toward Social Security benefits, even if taxes were withheld from your paychecks.

However, some people with temporary legal status or specific visa categories can work legally and earn Social Security credits. Others may become may be able to access later if their immigration status changes. The rules are different depending on your current situation and how long you have been in the country.

Key Takeaways

  • You need a valid Social Security number and a documented work history in the U.S. to collect Social Security benefits.
  • Work done without legal authorization does not count toward Social Security credits, even if your employer withheld taxes.
  • Some visa holders and people with temporary legal status can work legally and earn Social Security credits during that time.
  • If your immigration status changes to a legal category that allows work, future earnings will count toward benefits.
  • You can contact the Social Security Administration to learn what work history they have on record for you.

How Social Security Credits Are Earned

Social Security benefits are based on work credits, which you earn by working and paying Social Security taxes. In 2024, you earn one credit for each $1,705 in wages (this amount changes yearly). You can earn up to four credits per year. To receive retirement benefits, you typically need 40 credits total — roughly 10 years of work.

The Social Security Administration keeps a record of your earnings under your Social Security number. When you work legally and your employer reports your wages, those earnings are added to your record. If you worked without authorization, your employer may not have reported the work to Social Security, or if they did, Social Security cannot count it toward your benefit record because the work was not legal.

Work Authorization and Visa Categories

Some people who are not U.S. citizens can work legally in the United States and earn Social Security credits. These include holders of H-1B visas (specialty occupations), L-1 visas (intracompany transfers), O-1 visas (individuals with extraordinary ability), and several other temporary work visa categories. During the time you hold a valid work visa, your earnings count toward Social Security just as they would for a U.S. citizen.

People with Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA) status can also work legally and earn Social Security credits. If you have one of these statuses, work you do during the period your status is valid counts toward your Social Security record. If your status expires or is not renewed, future work would not count unless you obtain another form of legal work authorization.

What Happens If Your Status Changes

If you are currently working without authorization and later obtain legal status that allows work — such as through a visa, asylum approval, or adjustment of status — your future earnings will count toward Social Security. Your past work without authorization will not be added to your record, but you can begin building credits from the date your legal work authorization begins.

Some people worry that reporting past unauthorized work will create legal problems. Social Security does not share your work history with immigration enforcement agencies for the purpose of deportation. However, you should speak with an immigration attorney before disclosing details about past unauthorized work, as other agencies may have different policies.

Checking Your Social Security Record

You can request a statement from the Social Security Administration showing what earnings they have recorded under your Social Security number. This is called a Social Security Statement, and you can request one by visiting ssa.gov, calling 1-800-772-1213, or visiting a local Social Security office in person.

The statement shows your earnings year by year and estimates what your benefits would be at different ages. If you see earnings listed that you do not recognize, or if earnings are missing, you can contact Social Security to correct your record. You will need documentation of your work, such as W-2 forms, pay stubs, or tax returns, to support any corrections.

Supplemental Security Income and Immigration Status

Supplemental Security Income (SSI) is a different program from Social Security retirement and disability benefits. SSI is a needs-based program for people who are elderly, blind, or disabled and have very low income and resources. Immigration status rules for SSI are stricter than for Social Security benefits.

To receive SSI, you must be a U.S. citizen or a may have access to immigrant. may have access to immigrants include lawful permanent residents (green card holders), refugees, asylees, and some other categories. If you are not in one of these categories, you cannot receive SSI benefits, even if you have worked and paid taxes. Some states offer their own supplemental programs for people who do not meet the federal SSI immigration requirements — you can contact your state's social services office to learn what may be available.

What to Ask Your Social Security Office

If you have questions about your specific situation, contact the Social Security Administration directly. You can call 1-800-772-1213 (TTY 1-800-325-0778) Monday through Friday, 7 a.m. to 7 p.m. You can also visit a local office — find the nearest one at ssa.gov/locator.

When you call or visit, have your Social Security number ready and be prepared to describe your work history and current immigration status. You do not have to provide details about how you obtained work authorization or whether you worked without authorization in the past — you only need to tell Social Security what your current status is and ask what work history they have on record.

Frequently Asked Questions

If I worked in the U.S. without authorization and taxes were taken out, can I get that money back?

No. If you worked without authorization, those earnings do not count toward Social Security benefits, and you cannot recover the taxes that were withheld. However, you may be able to claim a refund of federal income tax withheld if you file a tax return, depending on your income level and filing status. Consult a tax professional or contact the IRS for guidance on your specific situation.

If I get a green card, can I count my past work toward Social Security?

Only work done after you obtained legal authorization counts toward Social Security. Work you did before becoming a lawful permanent resident, even if taxes were withheld, does not count. However, once you have your green card, all future earnings will count toward your Social Security record.

Can Social Security report me to immigration authorities?

Social Security does not share your work history or immigration status with immigration enforcement agencies for deportation purposes. However, you should speak with an immigration attorney before disclosing details about past unauthorized work, as other agencies and programs may have different policies.

What if I have a Social Security number but no legal work authorization?

Having a Social Security number does not mean you have legal work authorization. You need a separate form of authorization to work legally — such as a visa, green card, DACA status, or TPS. If you work without this authorization, your earnings will not count toward Social Security benefits.

Can I collect Social Security if I am a permanent resident but not a U.S. citizen?

Yes. Lawful permanent residents (green card holders) who have earned 40 Social Security credits through legal work can collect Social Security retirement and disability benefits. You do not have to be a U.S. citizen to receive these benefits, only to have a valid Social Security number and sufficient work credits.