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According to the IRS, an ITIN must be obtained by the following persons:

1. A nonresident alien individual claiming a tax treaty benefit
2. A nonresident alien filing a U.S. tax return
3. A resident alien (who is treated as a resident alien for income tax purposes based on days present in the United States) who files a U.S. tax return
4. A resident or nonresident alien individual who can be claimed as a dependent of a U.S. citizen or resident alien on a U.S. tax return
5. A resident or nonresident alien spouse who isn't filing a U.S. federal tax return (including a joint return) but who can be claimed as a dependent on a U.S. tax return
6. A resident or nonresident alien electing to file a joint tax return with a spouse who is a U.S. citizen or resident alien
7. A nonresident alien student, professor, or researcher filing a U.S. tax return or claiming an exception
8. A resident or nonresident alien individual who can be claimed as a dependent or a spouse of a nonresident alien U.S. visa holder

Please read IRS topic 857 for further information. 

@Sam Hopi