"Do you have a Green Card?"

Dealing with employers who go beyond the requirements on the I-9

If you have worked for a long time assisting newcomers in seeking employment, you have likely experienced employers who have more stringent documentation requirements than those listed on the I-9 form. This illegal practice is referred to as "Document Abuse."

The I-9 form, which federal law requires all newly-hired employees to fill out before beginning employment, lists the various choices for immigrants to demonstrate authorization to work in the United States.

The final page of the I-9 form contains three lists of documents for demonstrating work authorization. List A documents act as both a picture ID and as evidence of work eligibility. List B documents only act as an ID, and List C documents only demonstrate work eligibility. Thus List A documents are sufficient on their own, whereas List B and C documents must be used together.

The following is a list procedures that some employers do not follow, causing difficulties for our clients:

Allow the employee to choose which documents they wish to show. Employers may not specifically require USCIS documents if the employee is able to provide more common documents such as a driver's license and Social Security card.

Employers are not expected to be document detectives. They should accept any document as authentic if it reasonably appears on its face to be genuine.

The Permanent Resident Card (I-551) needs to be unexpired on the date of hire, but employers do not need to reverify whether current employees are eligible for employment when the document expires.

Expired EADs from a Temporary Proctective Status (TPS) recipient should be accepted if DHS has granted an automatic extension. To see a current list of extensions, click here.
must be unexpired on the date of hire, and upon the documents expiration, the employer must reverify employment eligibility:

In cases where employers need to reverify documents, after expiration, they should follow the following procedures:

• Provide the employee with 90 days notice.


• Accept any List A or List C document to demonstrate work authorization. List B documents do not need to be reverified.


• Do not require specific documents. Accept any eligible option from these lists.

Do not require a Social Security Number from applicants who have not yet received a Social Security Card, if the applicant has other employment authorization documents. Employers who use the E-Verify system to check employees work authorization may need to delay running the check until the employee has received the Social Security Card.

When clients report that employers are not following these procedures, it is useful to write a letter in which you refer specifically to the I-9 Form or the I-9 Employer handbook.
For assistance with this, feel free to contact me at NEER (215-747-7500 Ext. 257), or contact the Office of Special Counsel directly (1-800-237-2515).