Employers asking for GC for I9 despite having unrestricted SS card + DL?

[lilacmarie213 4]

Hello,

 

My SO has had a couple different jobs so far in the US, and so far every single one of them has insisted that he use his green card (from list A), instead of his drivers license (list B) + unrestricted SSN card (list C). My understanding is that it is illegal for employers to dictate the documents used on the I-9 - so why do they keep doing this?

One of his new job prospects (he's already been "hired", but is still in the background check process) is also claiming that because it is a school district, he is "required" to use his green card instead... I think this is also incorrect and just some human resources BS. Any thoughts? Or advice on how to approach?

[NigeriaorBust 4,087]

  People get social security for many reasons. It is meant to record earning not authorize work.  Drivers license it to operate a car and doesn't authorize work.  What authorizes him to work ?    

[Lemonslice 4,555]

Good resources in this thread

 

 

[Lemonslice 4,555]

4 minutes ago, NigeriaorBust said:

  People get social security for many reasons. It is meant to record earning not authorize work.  Drivers license it to operate a car and doesn't authorize work.  What authorizes him to work ?    

Please read the i-9 guide for employers.  Unrestricted SSN and driver's licence are sufficient.

[belinda63 2,981]

Look at the I-9. It lists the specific documents that must be provided and specifically states the employer cannot tell the employee which ones they can use. If the school district needs the green card for background checks I can understand that but they can't require him to list it as a document for I-9 purposes.

[milimelo 4,205]

Look up I-9 instructions for employers on uscis.gov. They don’t get to pick which documents employee has to show. Totally up to the employee. 

 

And yes, unrestricted ss card plus drivers license = enough to satisfy I-9 requirements. It’s all I ever used since getting my gc. 

 

May want to say you’d like them to call department of labor if they can’t follow instructions. Or offer to do it for them. There was a topic here 6-9 months ago where it was the same question and op got the job and hr got a learning/retraining experience. 

[arken 4,197]

3 minutes ago, NigeriaorBust said:

  People get social security for many reasons. It is meant to record earning not authorize work.  Drivers license it to operate a car and doesn't authorize work.  What authorizes him to work ?    

A SS card with just the holder’s name and the number is the work authorization itself. SS card for any other reasons will have restrictions printed accordingly.

 

DL is the identity.

 

 

[Boiler 43,437]

Why make a meal of it?

[lilacmarie213 4]

8 minutes ago, Boiler said:

Why make a meal of it?

His green card will be expiring in the middle of this assignment - hence why we'd like to avoid using it altogether.

He's also had employers claiming that even if the GC is not used on the I-9, they still want to make photocopies of it, which I also find strange.

Edited August 13, 2019 by lilacmarie213

[geowrian 22,335]

The unrestricted SS card + valid driver's license meets the I-9 criteria. They are prohibited from requiring a specific document.

 

As for why employers ask for a green card still, I would wager that it almost always is because they don't know any better.

[lilacmarie213 4]

15 minutes ago, belinda63 said:

Look at the I-9. It lists the specific documents that must be provided and specifically states the employer cannot tell the employee which ones they can use. If the school district needs the green card for background checks I can understand that but they can't require him to list it as a document for I-9 purposes.

Having it be part of the background check isn't something I'd thought of - thanks!

Supposedly the background check for this specific job is only through the state patrol though so I'm not sure if that would still apply, but interesting possibility nonetheless.

[arken 4,197]

2 choices:

1. You can fight for that, talk to DOL and such 

2. You can simply give them your GC so they make a copy of it for their records. Your expiring GC should be of no issue. Employers don’t need to reverify the GCs that are unexpired at the time of i9.

Edited August 13, 2019 by arken

[SalishSea 16,772]

10 hours ago, lilacmarie213 said:

Having it be part of the background check isn't something I'd thought of - thanks!

Supposedly the background check for this specific job is only through the state patrol though so I'm not sure if that would still apply, but interesting possibility nonetheless.

Strange because I am in a profession that requires background checks, and as a US citizen, I've only ever had to provide my SSN and Washington DL.

[little immigrant 800]

10 hours ago, arken said:

2 choices:

1. You can fight for that, talk to DOL and such 

2. You can simply give them your GC so they make a copy of it for their records. Your expiring GC should be of no issue. Employers don’t need to reverify the GCs that are unexpired at the time of i9.

Seeing how they have been acting, I wouldn't be surprised if they are the type of employer who fire you on the date of your GC expiration date

[CJKylie 161]

10 hours ago, arken said:

Employers don’t need to reverify the GCs that are unexpired at the time of i9.

To add to this, they’re actually prohibited from doing so