What papers your employer can ask for, and when they can recheck them

This page covers what papers an employer may ask for, rechecks and document abuse. Government audits are on My employer is auditing everyone's work papers. This is general information, not legal advice.

What papers do I have to show when I start a job?

Every new employee in the United States, citizen or not, fills out Form I-9 with the employer. You show papers that prove two things: who you are, and that you are allowed to work.

You have a choice. Show either:

• One paper from List A. These prove both who you are and that you can work. Or
• One paper from List B plus one from List C. List B proves who you are. List C proves you can work.

The full lists are printed on the form and on the USCIS acceptable documents page. Your papers must not be expired.

Common examples, from the federal rule (8 CFR 274a.2(b)(1)(v)):

Can my employer tell me which papers to show?

No. The government's own instructions for workers say it plainly: you decide which papers to show, and your employer cannot ask for or require a certain one.

That means your employer may not:

• Say, "Bring me your green card," or "We need your Social Security card," when you chose other papers from the lists
• Ask for more papers after you show a List A document
• Turn down papers that look real and belong to you
• Ask for different papers because of your accent, your name, where you were born or what they think your status is

Doing these things can be document abuse. Federal law calls it an unfair documentary practice when it is done because of a person's citizenship status or national origin.

When can my employer recheck my papers?

A recheck, called reverification, is normal when your permission to work has an end date.

• Your employer must recheck no later than the day your work permission expires. That is a federal rule.
• You choose what to show again. The Department of Justice says you can show any valid List A or List C document.
• Your employer should not turn down a valid document because it will expire soon.
• If you were rehired within three years of your first Form I-9, the employer may use the old form in some cases.

When a recheck is not allowed. The Department of Justice tells employers: "Do not reverify U.S. citizens' documents, U.S. nationals' documents, Permanent Resident Cards, or List B documents" (reverification fact sheet). So your employer should not recheck:

• Papers of a U.S. citizen, like a U.S. passport or a Social Security card without limits
• The List B paper you used to show who you are, like a driver's license
• A permanent resident card, even after the date on the card

If your DACA or TPS work permit is ending, see What happens to my job if my DACA work permit ends? and Keep your DACA. Renew early so you have new papers in time.

What extra rules does California add?

California Labor Code 1019.1 says an employer may not:

• Ask for more or different papers than federal law requires
• Refuse papers that look real
• Refuse to honor papers based on the specific status or time limit that comes with them

The penalty can be up to $10,000 per violation.

California Labor Code 1019 adds more. When these acts are used to punish you for using your rights at work, they are an unfair immigration related practice. That includes misusing E-Verify and threatening to contact immigration. See What to do if your boss threatens to call immigration.

What is E-Verify, and when can my employer use it?

E-Verify is a federal online system. It compares the information on your Form I-9 with government records. Some employers use it. Most California employers do not have to.

California adds two limits:

• An employer may not use E-Verify on you at a time or in a way federal law does not require, to punish you for using your rights (Labor Code 1019).
• Unless federal law or a federal funding rule requires it, an employer may not use E-Verify to check current workers, or applicants who have not been offered a job yet. It may use E-Verify after a job offer. The penalty is up to $10,000 for each unlawful check (Labor Code 2814).

What if E-Verify says my information does not match?

A mismatch is called a tentative nonconfirmation. It is not a final answer, and it is not proof that you did anything wrong. A typo or an old name in a government file can cause one. The E-Verify rights page for employees says:

1. Your employer must give you a Further Action Notice. It explains the mismatch and how to fix it. Read it. Tell your employer right away if your personal information on it is wrong. California law also says your employer must give you any notice from Social Security or DHS about it as soon as it can (Labor Code 2814).
2. You decide whether to take action to fix the mismatch.
3. If you choose to fix it, your employer gives you a Referral Date Confirmation. You then have eight federal government working days to contact DHS or Social Security, whichever the notice names.
4. You keep working while it is being fixed. Your employer may not fire you or take any other action against you because you chose to fix the mismatch, or while your case is open with DHS or Social Security.

DHS has a line for workers: 888-897-7781 (TTY 877-875-6028).

If you do not have valid papers, talk to an immigration attorney or DOJ accredited representative before you contact DHS or Social Security about a mismatch. If your employer fires you, cuts your hours or demands new papers because of a mismatch, write it down and call the Department of Justice worker hotline, 1-800-255-7688.

Example: a recheck done right, and one done wrong

These are made up examples to show the rules.

Luis has a work permit through TPS that ends on March 31. In February his manager tells him he must show new papers by March 31. Luis renewed early and shows his new work permit card. That is a normal recheck. At a recheck he could show any valid List A or List C paper, his choice. If his new card had not arrived, he would talk to a lawyer before the date.

Ana has a green card. After she asks about unpaid overtime, her manager says she must "bring her immigration papers again" because her card's date has passed. That is not a normal recheck. Green cards are not reverified, and a demand tied to her complaint can also be retaliation under California law. Ana writes down what was said and calls the Department of Justice hotline and a workers' rights clinic.

What if I changed my name or got a new Social Security number?

You can update your information. Your employer may ask you to fill out new forms. It still may not ask for more or different papers than the law requires. See How to update your Social Security number with your employer. If your employer got a letter from Social Security saying your name and number do not match, see What to do if your employer gets a Social Security no match letter.

What do I do if I think it is document abuse?

1. Stay calm. Do not argue. Say: "I chose these documents from the I-9 lists."
2. Write it down. Date, who asked, what they asked for, what you showed, what they said.
3. Keep copies of the papers you showed and any messages, at home or on your own phone.
4. Call the Department of Justice worker hotline, 1-800-255-7688 (TTY 711). The Immigrant and Employee Rights Section handles unfair document practices, citizenship status discrimination and retaliation. You must file a charge within 180 days.
5. If it came after you complained about pay or safety, it may also be retaliation under California law. File with the California Labor Commissioner within one year. See How to file a complaint.

Questions people ask

My boss wants a copy of my Social Security card. Do I have to give it? Not if you showed other papers from the lists that meet the rules. You choose.

My green card has an expiration date. Will my boss recheck it? This is a common worry. No. The Department of Justice tells employers not to reverify permanent resident cards. Your permission to live and work here continues. Renew the card anyway.

My boss checked only the Latino workers. Is that legal? Treating workers differently because of national origin or citizenship status can be illegal. Write it down and call the Department of Justice hotline.

Does this apply to U.S. citizens? Yes. Citizens are protected from document abuse too.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• U.S. Department of Justice, Immigrant and Employee Rights Section: worker hotline 1-800-255-7688 (TTY 711).
• California Labor Commissioner: retaliation complaints, with interpreters. 833-526-4636.
• Legal Aid at Work, Workers' Rights Clinic: free and confidential, for people within its income limits or age 60 and over. East Palo Alto line: (415) 404-9093.
• Community Legal Services in East Palo Alto: immigration help for low income residents of San Mateo and Santa Clara counties. (650) 326-6440.
• More options: Free legal help in the Bay Area.

Is there a card I can print?

You have the right to work with dignity and to be treated the same as the person next to you. Knowing the rules is a quiet kind of strength.