employer asking for green card, ssn card, driver's license

[katie1093 0]

Hi! I just wanted to ask if anyone know if it's legal for employers to ask for a copy of applicant's green card?

I was asked for a picture of my driver's license, which I complied to.

I was asked for a picture of my ssn card. I was hesitant, but I complied to it. My SSN card has no annotation.

I was asked for a background check and have done the live scan & registered with DSS.

This is for a home care aid position (caregiver). I initiated DSS HCA registration which asked for a livescan, which I already did last week. It probably would take a couple days to 1 week to get the results processed by DSS.

I have applied for caregiving agencies before, but I was never asked for all these IDs. Usually, driver's license would suffice and for the ssn, it's just me givng them the number and not a copy of the card. I was never asked for a copy of my greencard. I am hesitant to send a copy of my green card especially via email. What are your experiences with and thoughts on this?

Edited March 8, 2021 by katie1093

[KULtoATL 1,551]

For I-9 verification, green card falls under List A documents. Just Google I-9 documents and you can access the official USCIS page to see documents that you can provide and an employer can ask for I-9 verification purposes.

 

And btw, my employer asked for my green card too for verification 

Edited March 8, 2021 by KULtoATL

[Mike E 11,723]

44 minutes ago, katie1093 said:

Hi! I just wanted to ask if anyone know if it's legal for employers to ask for a copy of applicant's green card?

It is illegal for any prospective employer to ask for a copy of your green card. 

 

It is unclear from your post if this is coming from your employer or a prospective employer.

 

Prospective employers generally can't demand documents as a condition of employment.

 

Once you get the job, you have to satisfy I-9 requirements. You either provide

 

* one list A document

 

* one list B and one list C document.

 

You get to chose:

 

* Whether you will go with the List A approach, and if so, which List A document. A green card is a List A document (ID + work authorization)

 

* Whether you will go with the List B/C approach, and if so, which List B and which List C document you will provide. A DL is a list A document (ID). An unannotated SS card is a list B document (work authorization)

 

 

Quote

I was asked for a picture of my driver's license, which I complied to.

I was asked for a picture of my ssn card. I was hesitant, but I complied to it. My SSN card has no annotation.

When I was a green card holder, after the I-9 era started, I preferred to provide my DL and SS card for I-9, because my green card belongs in my wallet where it stayed for over 30 years except for interactions with INS/DHS/international airlines.

 

Quote

I was asked for a background check and have done the live scan & registered with DSS.

This is for a home care aid position (caregiver). I initiated DSS HCA registration which asked for a livescan, which I already did last week. It probably would take a couple days to 1 week to get the results processed by DSS.

I have applied for caregiving agencies before, but I was never asked for all these IDs. Usually, driver's license would suffice and for the ssn, it's just me givng them the number and not a copy of the card.

Then those employers broke the law. They must see a

(A)  List A document, or
(B)  one List B and one List C document.  
 

Quote

 

I was never asked for a copy of my greencard. I am hesitant to send a copy of my green card especially via email. What are your experiences with and thoughts on this?

Tell them they've seen all they are gonna see, and if they press you for a green card, they will be reported if they continue to fail to comply with https://www.uscis.gov/i-9-central/employee-rights-and-resources/preventing-discrimination 

Edited March 8, 2021 by Mike E

[nelmagriffin 141]

Hello! I hope this helps. Ty, NG

 

Reference: California Background Check Laws - CaregiverList.com

What Information Does a Background Check Include?

A background check may include the following: confirmation that the Social Security number you provided matches your name, confirmation of your most recent home addresses, a multi-state criminal history check, a credit check and a driving record check. Usually companies hiring senior caregivers only conduct a social security name match and a multi-state criminal background check. Credit checks and driving record checks are only conducted if the employee will be handling money and driving.

 

Reference: 12.0 Acceptable Documents for Verifying Employment Authorization and Identity | USCIS

 

LIST A: Documents That Establish Both Identity and Employment Authorization

All documents must be unexpired.

1. U.S. passport or U.S. passport card
2. Form I-551, Permanent Resident Card or Alien Registration Receipt Card (this is commonly called a Green Card.)
3. Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa (MRIV)
4. Form I-766, Employment Authorization Document (EAD) that contains a photograph. However, in certain circumstances, an EAD past its “Card Expires” date qualifies as an unexpired EAD. See Section 4.4, Automatic Extensions of Employment Authorization Documents in Certain Circumstances, for more information.
5. For nonimmigrant aliens authorized to work for a specific employer incident to status, which means they are authorized to be employed based on their nonimmigrant status, a foreign passport with Form I-94 bearing the same name as the passport and an endorsement of their nonimmigrant status, as long as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form
6. Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI

LIST B: Documents That Establish Identity

All documents must be unexpired.

1. Driver’s license or ID card issued by a state or outlying possession of the United States, provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address
2. ID card issued by federal, state, or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address (This selection does not include the driver’s license or ID card issued by a state or outlying possession of the United States  in Item 1 of this list.)
3. School ID card with a photograph
4. Voter’s registration card
5. U.S. military card or draft record
6. Military dependent’s ID card
7. U.S. Coast Guard Merchant Mariner Card
8. Native American tribal document
9. Driver’s license issued by a Canadian government authority

For persons under age 18 who are unable to present a document listed above:

10. School record or report card
11. Clinic, doctor, or hospital record
12. Day care or nursery school record

LIST 😄 Documents That Establish Employment Authorization

All documents must be unexpired.

1. A Social Security Account Number card, unless the card includes one of the following restrictions:
   • NOT VALID FOR EMPLOYMENT
   • VALID FOR WORK ONLY WITH INS AUTHORIZATION
   • VALID FOR WORK ONLY WITH DHS AUTHORIZATION
2. Certification of report of birth issued by the U.S. Department of State (Forms DS-1350, FS-545, FS-240)
3. Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying territory of the United States bearing an official seal
4. Native American tribal document
5. Form I-197, U.S. Citizen Identification Card
6. Form I-179, Identification Card for Use of Resident Citizen in the United States
7. Employment authorization document issued by the Department of Homeland Security. For examples, please visit uscis.gov/i-9-central. (This does not include Form I-766, Employment Authorization Document, from List A.)

• 12.1 List A Documents That Establish Identity and Employment Authorization
• 12.2 List B Documents That Establish Identity
• 12.3 List C Documents That Establish Employment Authorization

Last Reviewed/Updated: 12/10/2020

Back

 

Edited March 9, 2021 by nelmagriffin

[katie1093 0]

2 hours ago, Mike E said:

It is illegal for any prospective employer to ask for a copy of your green card. 

 

It is unclear from your post if this is coming from your employer or a prospective employer.

 

Prospective employers generally can't demand documents as a condition of employment.

 

Once you get the job, you have to satisfy I-9 requirements. You either provide

 

* one list A document

 

* one list B and one list C document.

 

You get to chose:

 

* Whether you will go with the List A approach, and if so, which List A document. A green card is a List A document (ID + work authorization)

 

* Whether you will go with the List B/C approach, and if so, which List B and which List C document you will provide. A DL is a list A document (ID). An unannotated SS card is a list B document (work authorization)

 

 

When I was a green card holder, after the I-9 era started, I preferred to provide my DL and SS card for I-9, because my green card belongs in my wallet where it stayed for over 30 years except for interactions with INS/DHS/international airlines.

 

Then those employers broke the law. They must see a

(A)  List A document, or
(B)  one List B and one List C document.  
 

Tell them they've seen all they are gonna see, and if they press you for a green card, they will be reported if they continue to fail to comply with https://www.uscis.gov/i-9-central/employee-rights-and-resources/preventing-discrimination 

Thanks. I did not get paperwork stating I am hired, but I did my online training with them today & will get my company badge via snail mail. I guess I got hired. I was asked via email for my green card shortly before the online training. After the training, I asked if the green card is a requirement, since I have already sent a picture  of my DL and SSN card. Her response was " by law we have to have either a permanent resident card or work authorization". I did not want to reason out that my SSN without annotation is my work authorization,  because I am seeking for employment. I did inform the recruiter that I am hesitant to send in more documents due to security issues. We agreed on me coming to their office so I can show my green card and she can make a copy for it. I was bummed though when she mentioned yes sure, that will work. And then I have to forward it to HR. To me, how secure is that "forwarding of my green card to HR" going to be? I am guessing it will be via email. I guess I am overthinking. It's just scary after you paid all the USCIS fees and went through immigration - the thought of identity theft is very scary.

[Lil bear 3,840]

18 minutes ago, katie1093 said:

Thanks. I did not get paperwork stating I am hired, but I did my online training with them today & will get my company badge via snail mail. I guess I got hired. I was asked via email for my green card shortly before the online training. After the training, I asked if the green card is a requirement, since I have already sent a picture  of my DL and SSN card. Her response was " by law we have to have either a permanent resident card or work authorization". I did not want to reason out that my SSN without annotation is my work authorization,  because I am seeking for employment. I did inform the recruiter that I am hesitant to send in more documents due to security issues. We agreed on me coming to their office so I can show my green card and she can make a copy for it. I was bummed though when she mentioned yes sure, that will work. And then I have to forward it to HR. To me, how secure is that "forwarding of my green card to HR" going to be? I am guessing it will be via email. I guess I am overthinking. It's just scary after you paid all the USCIS fees and went through immigration - the thought of identity theft is very scary.

I’d be printing out the info from the USCIS. website which clearly states that the employer cannot request specific documents but must accept all valid documentation as listed according to the E verify categories of identifying documents. By law, they must accept the correct Category B and C documents if they meet the requirements. 
https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/130-some-questions-you-may-have-about-form-i-9

 

There is a specific question which states this very thing 

[Mike E 11,723]

40 minutes ago, katie1093 said:

I did not want to reason out that my SSN without annotation is my work authorization,  because I am seeking for employment.
 

well the economy is tough and so I don’t begrudge you complying with an illegal request.  
 

but understand you are enabling discrimination.  Once they understand that they can bully lawfully present residents into providing green cards, they will then bully you when your green cards expires and they need to make job cuts and don’t want to pay unemployment benefits or WARN benefits.  
 

 

Quote

 

 

 To me, how secure is that "forwarding of my green card to HR" going to be?

https://www.uscis.gov/sites/default/files/document/forms/i-9instr.pdf implies that employees may make copies of the I-9 documents the employee presents.  
 

Considering your employer behaves illegally it is fair to say they will be careless with copies of your documents.  

Edited March 9, 2021 by Mike E

[belinda63 2,981]

It is very possible it is needed for the back ground check. All health persons must undergo a criminal background check as well as certain other databases before beginning employment. Normally I would agree with the above as it is not required for the I-9 but I believe it is needed for other reasons.

[katie1093 0]

1 hour ago, belinda63 said:

It is very possible it is needed for the back ground check. All health persons must undergo a criminal background check as well as certain other databases before beginning employment. Normally I would agree with the above as it is not required for the I-9 but I believe it is needed for other reasons.

Thank you. I did a background check though, livescan FBI & DOJ. The report does not go directly to the caregiving agency, but to the DSS. However, they will obtain the results as under my DSS - Home Care Aide account, the agency is listed as recipient of the report. With that FBI & DOJ, my ss number was taken & I had to present my physical greencard and physical ID.

[ineedadisplayname 443]

20 hours ago, KULtoATL said:

And btw, my employer asked for my green card too for verification 

Mine previous job asked for it too, and I told them that is not going to happen and send them the instruction for the I-9 highlighted that they can't dictate which documents I use for the verification. After a bit of back and forth I did SSN and DL. I think it depends a lot on the employer and how many immigrants or works on different type of visas they have.

[Fr8dog 312]

It is legal for an employer to ask you. It is also legal for you to refuse. There is a huge legal difference between showing and copying. There is no need for them to retain a copy of these documents. The only exception could be the drivers license.  No copies of any of them are required for any background check. Usually it is uneducated HR overreaching combined with people fearing of not getting the job.

[JeanneAdil 6,209]

I  am us born and my former employer wanted to have copies of my college degrees,  my certificate from the state to perform the work

2 photo ID's so i used driving license and passport 

 

and of course you have to let them copy your SS Card so they can send withheld federal tax money ,  medicare withheld and report earnings to SS for your SS benefits 

 

Many companies have an employee handout which describes company policy 

and some do not only a criminal background check but a credit check (financial institutions for example)

 

I would think they have the right to know you are legal to work in the US and having a SS card is not proof/  an example of that is a kid who looks 22 when she/he is underage  and it has happened

 

As an employer i would not want to be fined because someone working for me was illegal 

 

just my thinking on all this

[Mike E 11,723]

On 3/9/2021 at 12:56 PM, JeanneAdil said:

I  am us born and my former employer wanted to have copies of my college degrees,  my certificate from the state to perform the work

legal as it has nothing to do with I-9 and has to do with the requirements for the job.  

 

On 3/9/2021 at 12:56 PM, JeanneAdil said:

2 photo ID's so i used driving license and passport 

 

illegal if this was for I-9 processes. 
 

On 3/9/2021 at 12:56 PM, JeanneAdil said:

and of course you have to let them copy your SS Card so they can send withheld federal tax money ,  medicare withheld and report earnings to SS for your SS benefits 

 

no you don’t need to show the SS card since your US passport is your list A document.  They just need to know your SSN and the name used on the SS card.  
 

On 3/9/2021 at 12:56 PM, JeanneAdil said:

Many companies have an employee handout which describes company policy 

and some do not only a criminal background check but a credit check (financial institutions for example)

Yes.  Not relevant to I-9 processing though.  

On 3/9/2021 at 12:56 PM, JeanneAdil said:

 

I would think they have the right to know you are legal to work in the US and having a SS card is not proof/ 

 

This thread has provided plenty of evidence that what you wrote above there is false from a legal perspective.  An unannotated SS card is proof of authorization to work in the USA per I-9 and that isn’t even up for debate.  
 

If you are saying that having such a card is not proof of authorization to work from a non I-9 perspective that is certainly true.  The SS card could have been issued before the 1986 immigration amnesty like my first SS  was when I was in the USA on an I-20.  
 

Ones LPR status could have been revoked.  
 

Ones US citizenship could have been renounced.  
 

Oh that basis the US passport you presented isn’t proof either.  
 

All situations that Congress duly considered and rejected when it drafted the law behind I-9.  
 

 

On 3/9/2021 at 12:56 PM, JeanneAdil said:

 

 

As an employer i would not want to be fined because someone working for me was illegal 

And as an employer you don’t want to be fined or sued for going beyond the letter of the I-9 regulations.  Employers who demand documents beyond I-9 requires are breaking the law and discriminating  on the basis of National origin.  

On 3/9/2021 at 12:56 PM, JeanneAdil said:

 

just my thinking on all this

[JeanneAdil 6,209]

I wonder how then (if employers can not ask for green card) why are they fined ?

My opinion they should be allowed to know a worker is legal to work

[Ayrton 965]

On 4/24/2021 at 12:42 PM, JeanneAdil said:

I wonder how then (if employers can not ask for green card) why are they fined ?

My opinion they should be allowed to know a worker is legal to work

A SSN without the DHS note proves the worker is legal to work. So no need to show GC.