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If you are working in the United States on a nonimmigrant visa, your employer will ask for your Social Security number (SSN) along with proof of your legal authorization to work in the United States. In general, only those authorized to work in the United States by the US Department of Homeland Security (DHS) can obtain an SSN. But if your visa has expired, you’ve changed employers, or you have a new visa, what happens to your SSN?

Is my SSN old? Do I need a new SSN?

Once you receive a Social Security number (SSN), you never receive a new one. The same SSN will be used for any future employment.

Is my SSN restricted?

If you are not a US citizen or lawful permanent resident, you may have a work restriction listed on your card. Restricted SSN cards will have a stamp that indicates one of the following:

  • “VALID FOR WORK ONLY WITH DHS AUTHORIZATION” or “VALID FOR WORK ONLY WITH INS AUTHORIZATION.” These SSN cards have been issued to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work.
  • “NOT VALID FOR EMPLOYMENT.” These SSN cards have been issued to people from other countries who are either:
    • Lawfully admitted to the United States without work authorization from DHS, but have a valid non-work reason for needing a Social Security number
    • Need a number because of a federal law requiring a Social Security number to get a benefit or service

Employers are instructed to NOT accept restricted SSN cards attached to work authorizations as a List C document for Form I-9, Employment Eligibility Verification.

Can I work with an SSN but no work visa?

As a foreign national, you are only authorized to work in the United States with a valid nonimmigrant visa. You are not legally authorized to work with an SSN alone. You must have and maintain a valid work visa in order to be legally authorized to work. Working on an SSN without a valid work visa is not authorized, and is considered an immigration violation.

If your visa has expired, or you have changed employers, you will require a new visa before you can begin working using your SSN.

How do I re-prove my work authorization?

If you have changed employers, or you have obtained a new work visa, you must present your new immigration documents in support of your work authorization to begin working. In general, one of the following documents can be used to prove work authorization:

  • A copy of your permanent resident card
  • A copy of your Employment Authorization Document
  • A copy of your Form I-797 Approval Notices
  • A copy of your foreign passport AND your Form I-94

Additional Outside Resources

  • USCIS: Employers—Are You Accepting a Restricted Social Security Card?
  • USCIS: Green Card
  • USCIS: I-765, Application for Employment Authorization
  • USCIS: Form I-797, Types and Functions
  • USCBP: Official Site for Travelers Visiting the United States – Apply for or Retrieve Form I-94, Request Travel History and Check Travel Compliance

We Can Help!

Don’t know where to start? If you have questions about your authorization to work in the United States, we can help. The immigration lawyers at Richards and Jurusik Immigration Law have more than 20 years of experience helping foreign nationals (especially Canadians) live and work in the United States. Contact us today for a free assessment of your legal situation.

Contact Us

The information on this webpage is not intended to be a final agency action, has no legally binding effect, and has no force or effect of law.  This webpage may be rescinded or modified at the Department’s discretion, in accordance with applicable laws.  The Department’s guidance documents, including this webpage, do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent.  For more information, see "Memorandum for All Components: Prohibition of Improper Guidance Documents," from Attorney General Jefferson B. Sessions III, November 16, 2017. 

General IER Information

Filing a Charge or Reporting a Problem

IER's Public Education and Outreach

Unfair Documentary Practices

Reverification Issues

Temporary Protected Status ("TPS")

E-Verify

Social Security Number/Name Issues

Citizenship Status Discrimination

National Origin Discrimination

  • What is the Immigrant and Employee Rights Section (IER)?
  • What type of employer conduct does the Immigration and Nationality Act's (INA) anti-discrimination provision prohibit?
  • How do I file a charge with IER?
  • What happens after a charge is filed?
  • Can I report a violation of the anti-discrimination provision without filing a charge?
  • How can I contact IER for assistance?
  • How does IER's hotline work?
  • Does IER offer webinars?
  • Can an IER staff member speak at my upcoming live presentation?
  • Who is the IER point of contact for inquiries from the media?
  • Which documents may I show my employer to establish my identity and employment eligibility?
  • What is the difference between an "Employment Authorization Document card (Form I-766)" under List A of the Form I-9's Lists of Acceptable Documents and an "Employment authorization document issued by the Department of Homeland Security (DHS)" under List C?
  • If I don't have a document from the Lists of Acceptable Documents, can I show my employer something else?
  • If a worker records a USCIS or Alien Number on the Form I-9, does an employer need to see, or can it ask for, a document with that number?
  • My new employer is requiring me to provide an expiration date for my status as a refugee in Section 1 of the Form I-9. Do I have to provide an expiration date in Section 1?
  • May an employer ask an employee to present a Social Security card for payroll (and not I-9) purposes?
  • Does an employer need to see a worker's Social Security card to make sure that the Social Security number completed in Section 1 is correct?
  • My employer asked me to verify my employment eligibility by showing a document issued by the Department of Homeland Security because I am not a U.S. citizen. Is my employer allowed to do this?
  • A job applicant presented an Employment Authorization Document that expires next month. As an employer, I don't want to train the worker without an assurance that the worker will still be employment-authorized in the future. May an employer reject the applicant for employment due to the uncertainty of continued employment authorization?
  • A worker has presented an employer with a document that looks fake. Can an employer refuse to accept it without violating the anti-discrimination provision?
  • A worker's DHS-issued employment authorization document expired and the worker wants to show a Social Security card for reverification. Does the employer need to see a current DHS document?
  • Does an employer need to reverify the work authorization of lawful permanent residents who produce a "green card" with a future expiration date?
  • If I am a lawful permanent resident, do I need to show my employer a new unexpired Permanent Resident Card, when the card expires?
  • I have Temporary Protected Status (TPS), and the Department of Homeland Security extended my Employment Authorization Document for six months. My employer insists that I show an unexpired card to continue working. Do I need to?
  • When my employer created an E-Verify case with my information, I received a tentative nonconfirmation (TNC) and notified my employer that I have decided to take action to resolve the TNC. I have work authorization but my employer told me that I can start working only after I resolve my TNC. Is my employer allowed to do this?
  • Is an employer that participated in E-Verify allowed to terminate or suspend an employee who decides to contest a tentative nonconfirmation (TNC), based on the TNC?
  • If a worker's name and Social Security number don't match the Social Security Administration's (SSA) records, should the employer automatically conclude that the worker is not authorized to work?
  • I was rejected for a job because I am not a U.S. citizen. Is this citizenship status discrimination?
  • I was rejected for a job because the employer only likes to hire workers on temporary visas. Is the employer allowed to do this?
  • May I ask applicants for citizenship or immigration status information?
  • If my company engages in activity regulated by the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR), does the ITAR or the EAR require me to hire only U.S. citizens?
  • I applied to a job with a small employer, and it refused to hire me due to my national origin. Is that employment discrimination?
  • I applied for a job with a small employer and was informed that to be hired I would need to speak English without a foreign accent. Is this legal?

General IER Information

Q. What is the Immigrant and Employee Rights Section (IER)?

A. The Immigrant and Employee Rights Section (IER) of the Justice Department's Civil Rights Division enforces the anti-discrimination provision of the Immigration and Nationality Act (INA).

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The regulations for this law are here. This law protects work-authorized individuals from employment discrimination in hiring, firing, and recruitment or referral for a fee based upon citizenship, immigration status, and national origin; unfair documentary practices when verifying employees' employment eligibility (Form I-9 and E-Verify); and retaliation. Individuals who believe they have been discriminated against may file charges with IER and may be entitled to receive back pay and reinstatement, among other remedies.

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Q. What type of employer conduct does the INA's anti-discrimination provision prohibit?

A. The Immigration and Nationality Act's (INA) anti-discrimination provision, found at 8 U.S.C. § 1324b, prohibits four types of unfair employment practices:

1. Employers with four or more workers cannot discriminate because of citizenship status with respect to hiring, firing, and recruitment or referral for a fee, subject to certain exceptions. Citizenship status includes a person’s immigration status. U.S. citizens, U.S. nationals, recent lawful permanent residents, asylees, and refugees are protected from citizenship status discrimination. Lawful permanent residents who do not apply for naturalization within six months of eligibility by virtue of their period of residency and certain other non-U.S. citizen categories are not protected from citizenship status discrimination. Learn more about who is protected from citizenship status discrimination by contacting IER and at 8 U.S.C. § 1324b(a)(3). An employer may restrict hiring to U.S. citizens only when a law, regulation, executive order, or government contract requires the employer to do so. Learn more about this exception by contacting IER and at 8 U.S.C. § 1324b(a)(2)(C).

2. Employers with four to 14 workers cannot discriminate because of national origin with respect to hiring, firing, and recruitment or referral for a fee. This type of discrimination includes treating individuals differently because of their place of birth, country of origin, ancestry, native language, accent or because they are perceived as looking or sounding "foreign." All work-authorized individuals are protected from national origin discrimination by small employers under 8 U.S.C. § 1324b(a)(1)(A). The Equal Employment Opportunity Commission has jurisdiction over national origin discrimination claims against employers with 15 or more workers.

3. Employers of any size cannot engage in unfair documentary practices related to verifying the employment eligibility of employees during the I-9 and E-Verify processes. Specifically, employers are not allowed to, on the basis of citizenship, immigration status, or national origin, request more or different documents than are required to verify employment eligibility and identity, reject reasonably genuine-looking documents, or specify certain documents over others. Learn more about unfair documentary practices by contacting IER and at 8 U.S.C. § 1324b(a)(6).

4. Employers of any size cannot engage in intimidation or retaliation. Employers are not allowed to intimidate, threaten, coerce, or retaliate against individuals for filing charges with IER, cooperating with an IER investigation, contesting an action that may constitute unfair documentary practices or discrimination based upon citizenship status or national origin, or otherwise asserting rights under the INA's anti-discrimination provision. Learn more about unlawful intimidation and retaliation by contacting IER and at 8 U.S.C. § 1324b(a)(5).

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Filing a Charge or Reporting a Problem

Q. How do I file a charge with IER?

A. Individuals who believe they have suffered discrimination under this law may file a charge of discrimination with IER by completing and submitting a charge form electronically online, or emailing, mailing or faxing the IER charge form to:

Immigrant and Employee Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, NW (4CON)
Washington, DC 20530
Fax: 202-616-5509
Website: www.justice.gov/IER
Email:

IER’s charge form is available in several languages. Charges should be filed within 180 days of the alleged discrimination or retaliation. More information on filing a charge is available here.

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Q. What happens after a charge is filed?

A. After IER receives what it deems to be a charge, IER will begin its investigation. If IER has not filed a complaint with an Administrative Law Judge (ALJ) within 120 days of receiving a charge, it will send a letter notifying the injured party or authorized representative of their right to file an administrative complaint against the respondent, and indicating whether IER is continuing its investigation. IER will also notify the respondent of its decision to continue an investigation. IER may also file a complaint with an ALJ after this 120-day investigatory period. Learn more about the IER investigation process by contacting IER and at 8 U.S.C. § 1324b(d).

Once a case is filed, pre-trial matters are generally handled in accordance with the applicable

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rules of practice and procedure, and involve discovery, depositions, and pleadings. ALJ decisions are directly appealable to the federal circuit courts of appeals. Settlements or successful adjudications may result in civil penalty assessments, back pay awards, hiring orders and the imposition of injunctive relief to end discriminatory practices.

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Q. Can I report a violation of the anti-discrimination provision without filing a charge?

A. Yes. IER has authority to initiate independent investigations based on information developed during individual charge investigations, or information provided by other government agencies and the general public. Independent investigations often involve discriminatory policies, practices, or processes that potentially affect many employees or applicants. Learn more about IER’s independent investigation authority at 8 U.S.C. § 1324b(d)(1). To report a potential violation of the anti-discrimination provision without filing a charge, you may call IER's worker hotline or email us.

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Q. How can I contact IER for assistance?

A. To reach IER by telephone:

  • 1-800-255-7688 (worker hotline), or 1-800-237-2515 (TTY)
    1-800-255-8155 (employer hotline) or 1-800-237-2515 (TTY)
    1-202-616-5594 (direct office line)

By e-mail:

By Fax:

  • 1-202-616-5509

By mail:

  • Civil Rights Division
    U.S. Department of Justice
    Immigrant and Employee Rights Section
    950 Pennsylvania Avenue, NW (4CON)
    Washington, DC 20530

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IER's Public Education and Outreach

Q. How does IER's hotline work?

A. IER has multilingual staff, including attorneys, ready to assist workers, employers and the public who contact IER through its worker or employer hotline. IER's hotlines provide workers and employers with an opportunity to receive information about the anti-discrimination provision of the INA and to work directly with IER's staff to resolve potential immigration-related employment disputes informally and quickly without contested litigation. Workers and employers are encouraged to call the respective hotlines above to seek assistance with immigration-related employment issues. Please note that IER cannot provide legal advice or individual legal representation. Language services are available and free of charge.

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Q. Does IER offer webinars?

A. Yes. IER regularly hosts webinars to educate employers, workers or other members of the public about the protections and obligations under the anti-discrimination provision. Regularly occurring webinars include webinars targeted to: (1) employers, (2) workers and their advocates, (3) Spanish-speaking audiences, and (4) individuals wishing to better understand workers' rights in the I-9 and E-Verify context presented by IER jointly with U.S. Citizenship and Immigration Services.

Visit http://www.justice.gov/crt/about/osc/webinars.php to register for one of our free webinars. If you are an organization seeking to educate your staff or your community about the anti-discrimination provision, you may also inquire about scheduling a customized webinar to suit your needs by emailing: .

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Q. Can an IER staff member speak at my upcoming live presentation?

A. Maybe. IER staff may be available to participate in seminars, conferences, and workshops to educate employers, workers or other members of the public about protections and obligations under the anti-discrimination provision. Please submit all requests by email to or call (202) 616-5594 and ask to speak with IER's Outreach Coordinator.

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Q. Who is the IER point of contact for inquiries from the media?

A. The Department of Justice's Office of Public Affairs is the principal point of contact for the Department of Justice with the news media. The Office is responsible for ensuring that the public is informed about the Department's activities and about the priorities and policies of the Attorney General and the President with regard to law enforcement and legal affairs. The telephone number for the Office of Public Affairs is (202) 514-2007.

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Unfair Documentary Practices

Q. Which documents may I show my employer to establish my identity and employment eligibility?

A. The Department of Homeland Security has designated several combinations of acceptable documents from which workers can choose to prove their identity and employment eligibility. The Form I-9 contains Lists of Acceptable Documents that fall into three categories (see next question for additional information about acceptable documents). A worker is allowed to produce either List A documentation (establishing both identity and employment eligibility), or a combination of documentation from List B (establishing identity) and List C (establishing employment eligibility). Employers are not allowed to specify which documents they will accept from a worker and should not prevent an individual from working because of a document's future expiration date. For further information about acceptable documents, visit I-9 Central. For concerns about possible discriminatory practices relating to employment eligibility verification, contact IER. You can also learn more about unfair documentary practices at 8 U.S.C. § 1324b(a)(6) or at 28 C.F.R. 44.101(e)—(g),(j); 44.200(a)(3).

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Q. What is the difference between an "Employment Authorization Document card (Form I-766)" under List A of the Form I-9's Lists of Acceptable Documents and an "Employment authorization document issued by the Department of Homeland Security (DHS)" under List C?

A. An Employment Authorization Document (EAD, Form I-766) is a List A Form I-9 document and sometimes known as a “work permit” or “Employment Authorization Card.” By contrast, an “Employment authorization document” issued by DHS under List C refers to other types of DHS-issued documents that do not otherwise fall within the Lists of Acceptable Documents. Some examples of these documents include a Form I-94 issued to asylees or work-authorized nonimmigrants (for example, H-1B nonimmigrants) because of their immigration status, an unexpired Reentry Permit (Form I-327), Certificate of U.S. Citizenship (Form N-560) or Replacement Certificate of Citizenship (Form N-561) (PDF, 40 KB), a Certificate of Naturalization (Form N-550) or N-570 (PDF), and a Form I-797 issued to a conditional resident in combination with his or her expired Permanent Resident Card. You can learn more by visiting I-9 Central’s page on Acceptable Documents, calling IER, and contacting USCIS user support."

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Q. If I don't have a document from the Lists of Acceptable Documents, can I show my employer something else?

A. Maybe. Under the receipt rule (which is discussed here and found at 8 C.F.R. 274a.2(b)(1)(vi)), a worker may present a receipt in lieu of a listed document to complete section 2 of the Form I-9 as long as the receipt is an acceptable receipt for I-9 purposes. The receipt is valid for a temporary period. There are three different documents that qualify as acceptable receipts for I-9 purposes.

First, a worker may present a receipt for the application for a replacement document when the document has been lost, stolen, or damaged. The receipt is valid for 90 days from the first day of work, after which the worker must present the replacement document to complete the Form I-9.

Second, a worker may present a Form I-94 containing a temporary I-551 stamp and a photograph of the individual, which is considered a receipt for Form I-551. The worker must present the Form I-551 by the expiration date of the temporary I-551 stamp, or within one year from the date of issuance of the Form I-94 if the I-551 stamp does not contain an expiration date.

Third, a worker may present a Form I-94 containing an unexpired refugee admission stamp. A refugee may have an electronic or paper Form I-94. If a refugee presents the departure portion of a Form I-94A containing an unexpired refugee admission stamp or a computer-generated printout of Form I-94 with an admission class of "RE", the employer must accept it. This is considered a receipt for a List A document. The worker must present either an Employment Authorization Document (EAD) or a combination of a List B identity document and an unrestricted Social Security card within 90 days after the first day of work, or in the case of reverification, the date employment authorization expires.

If your employer does not accept a valid receipt for I-9 purposes, contact IER for assistance.

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Q. If a worker records a USCIS or Alien Number on the Form I-9, does an employer need to see, or can it ask for, a document with that number?

A. No. If a worker records a USCIS or Alien Number, or an Admission Number, in Section 1 of the Form I-9, an employer is not allowed to ask or see a specific document with that number or otherwise specify which documentation a worker may present, based on the worker's citizenship status. Asking an employee for proof of citizenship or immigration status in the process of verifying a worker's employment authorization could violate the law that IER enforces at 8 U.S.C. § 1324b(a)(6). During both initial verification and reverification, a worker may choose which documentation to present from the I-9 Form List of Acceptable Documents.

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Q. My new employer is requiring me to provide an expiration date for my status as a refugee in Section 1 of the Form I-9. Do I have to provide an expiration date in Section 1?

A. No. The

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Form I-9 instructions direct aliens authorized to work whose employment authorization does not expire, such as refugees, asylees, and certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands and Palau, to enter "N/A" on the line calling for an expiration date for the worker’s employment authorization. In addition, if a refugee or asylee chooses to show a driver's license and unrestricted Social Security card for Section 2, these documents are not subject to reverification under Form I-9 rules. Contact IER if you are an asylee or refugee and your employer is requiring that you provide an expiration date in Section 1.

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Q. May an employer ask an employee to present a Social Security card for payroll (and not I-9) purposes?

A. Yes. Although an employer cannot ask a worker to present a particular document for employment eligibility verification, an employer may request a Social Security card for payroll purposes. However, IER recommends certain practices to avoid confusion about whether the request is for employment eligibility verification purposes: (1) separate the Form I-9 process from other processes involving document requests; and (2) communicate the basis for each document request. For example, explain whether the document request is for payroll or another purpose. Workers who believe an employer is requesting a specific document for employment eligibility verification purposes may allege discrimination in violation of the anti-discrimination provision.

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Q. Does an employer need to see a worker's Social Security card to make sure that the Social Security number completed in Section 1 is correct?

A. No. Recording a Social Security number (SSN) in Section 1 of the Form I-9 is optional unless the employer uses E-Verify. If an employer uses E-Verify, E-Verify rules require the worker to fill in the SSN field. An employer still should not ask to review the card to verify it for Section 1 purposes and requesting more or different or specific documentation than required to complete the Form I-9 based on a worker’s citizenship status or national origin may violate the anti-discrimination provision of the INA at 8 U.S.C. § 1324b(a)(6). Note that if a worker is still waiting for an SSN when completing the Form I-9 and the employer uses E-Verify, E-Verify instructions direct the employer to wait to create the E-Verify case until the worker is issued an SSN. As long as the worker has otherwise completed the Form I-9, the worker continues working while awaiting the SSN. For further guidance, contact IER.

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Q. My employer asked me to verify my employment eligibility by showing a document issued by the Department of Homeland Security because I am not a U.S. citizen. Is my employer allowed to do this?

A. No. For employment eligibility verification, an employer must allow its workers to choose which documents to show from the Form I-9 Lists of Acceptable Documents and requesting a specific document or more documents based on a worker’s citizenship status may violate the law at 8 U.S.C. § 1324b(a)(6). If the documentation reasonably appears to be genuine and to relate to the worker, another part of the INA (at 8 U.S.C. § 1324a(b)(1)(A)) and Form I-9 instructions direct the employer to accept it. If your employer has demanded a specific document from you for I-9 purposes, contact IER.

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Q. A job applicant presented an Employment Authorization Document that expires next month. As an employer, I don't want to train the worker without an assurance that the worker will still be employment-authorized in the future. May an employer reject the applicant for employment due to the uncertainty of continued employment authorization?

A. No. Workers with temporary or continuous employment authorization may present documents with future expiration dates. Even if a worker has temporary work authorization, the worker may receive subsequent employment authorization. Therefore, a future expiration date does not necessarily mean that a worker will not be able to work beyond the date on the document presented. The rules for reverifying employment authorization when a worker has shown a temporary employment authorization document are discussed in the Handbook for Employers and at 8 C.F.R. 274a.2(b)(1)(vii). The Handbook for Employers also explains that an employer cannot refuse to accept a document because it has a future expiration date. In addition, consideration of a future employment authorization expiration date in determining whether an individual is qualified for a particular job may constitute an unfair immigration-related employment practice in violation of the anti-discrimination provision of the INA at 8 U.S.C. § 1324b(a)(6).

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Q. A worker has presented an employer with a document that looks fake. Can an employer refuse to accept it without violating the anti-discrimination provision?

A. Yes. Under the INA’s employer sanctions provision, an employer cannot accept a document that does not reasonably appear to be genuine or to relate to the person. However, an employer is not allowed to apply different levels of scrutiny to documents based on a worker's citizenship, immigration status, or national origin, and rejecting a valid document based on a worker’s citizenship status or national origin may violate the law at 8 U.S.C. § 1324b(a)(6). An employer may ask the worker for different documentation if the request is based on the fact that the first document presented does not reasonably appear to be genuine. If the employer rejects a document and does not provide the worker an opportunity to produce a different valid document, the worker may allege unfair documentary practices under 8 U.S.C. § 1324b(a)(6). In addition, contacting IER for assistance before rejecting a document solely because the employer is unfamiliar with the type of document being presented can help an employer avoid a potential claim of unfair documentary practices. For further assistance, contact IER.

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Reverification Issues

Q. A worker's DHS-issued employment authorization document expired and the worker wants to show a Social Security card for reverification. Does the employer need to see a current DHS document?

A. No. For reverification, the Form I-9 rules require a worker to present an unexpired List A or List C document of the worker's choice. Therefore, if a worker presents an unrestricted Social Security card upon reverification, the worker does not need to present a current DHS document even if he or she presented a DHS document for initial employment eligibility verification. However, if a worker presents a restricted Social Security card (stating "not valid for employment," "valid for work only with INS authorization," or "valid for work only with DHS authorization"), the employer is not allowed to accept the restricted Social Security card since it is not an acceptable I-9 document. In that case, the employer may ask the worker to present another unexpired List A or List C document of the worker's choice. Note that List B documents are not required for reverification. For questions about the acceptability of documents for reverification, contact IER.

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Q. Does an employer need to reverify the work authorization of lawful permanent residents who produce a "green card" with a future expiration date?

A. No. Lawful permanent residents who produce an unexpired Permanent Resident Card (Form I-551 or "green card") are not subject to reverification, even if the Form I-551 lists a future expiration date. Reverifying Permanent Resident Cards may constitute a violation of the anti-discrimination provision of the INA at 8 U.S.C. § 1324b(a)(6). For questions about how to conduct reverification in a nondiscriminatory manner, contact IER.

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Q. If I am a lawful permanent resident, do I need to show my employer a new unexpired Permanent Resident Card when the card expires?

A. No. Form I-9 rules instruct employers not to reverify a lawful permanent resident who initially presented an unexpired Permanent Resident Card, even when the card expires. Employers that request documents when not required, based on a worker’s citizenship status, may violate the INA’s anti-discrimination provision at 8 U.S.C. § 1324b(a)(6). If your employer reverifies your employment eligibility after you presented an unexpired Permanent Resident Card, contact IER.

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Temporary Protected Status ("TPS")

Q. I have Temporary Protected Status ("TPS"), and the Department of Homeland Security extended my Employment Authorization Document ("EAD"). My employer insists that I show an unexpired card to continue working. Do I need to?

A. No. Your TPS EAD may be extended past its original expiration date in a few ways. Sometimes, the government extends TPS EADs through the Federal Register, and the Federal Register notice will tell you whether your EAD automatically has a new expiration date. Go to www.uscis.gov/tps for information on TPS for your country and the most recent Federal Register notice. If the Federal Register notice automatically extends your EAD, your EAD is valid beyond its expiration date and you do not have to show that you have applied for a new EAD to keep working.

If the government does not automatically extend your EAD through the Federal Register notice but you have applied to renew your TPS EAD, you may be able to keep working after the expiration date on your EAD. For 540 days after your EAD expiration date, you can continue working by showing your employer your TPS EAD with the I-797C receipt notice (showing that the government received your EAD renewal application).

Your TPS might be extended in other ways and you can get more information on EAD automatic extensions in the Handbook for Employers M-274 on completing the Form I-9. You can also call IER for more information.

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E-Verify

Q. When my employer created an E-Verify case with my information, I received a tentative nonconfirmation (TNC) and notified my employer that I have decided to take action to resolve the TNC. I have work authorization but my employer told me that I can start working only after I resolve my TNC. Is my employer allowed to do this?

A. No.

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E-Verify rules prohibit an employer from firing a worker, suspending a worker, or limiting a worker’s hours because the worker chooses to take action to resolve the TNC, as long as the status in E-Verify remains a TNC. Employers that allow only some workers to work while resolving a TNC depending upon the worker's citizenship status or national origin may be violating the anti-discrimination provision of the INA. If your employer has not allowed you to work because you are resolving your TNC, contact IER.

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Q. Is an employer that participates in E-Verify allowed to terminate or suspend an employee who decides to contest a tentative nonconfirmation (TNC), based on the TNC?

A. No. A TNC does not necessarily mean the worker is not authorized to work. The E-Verify law and rules do not permit an employer to take adverse action against the worker because the worker is resolving the TNC, including terminating or suspending the worker. E-Verify rules require the employer to await a final resolution from E-Verify, even if such final resolution takes longer than the typical period.

Terminating an individual based on the assumption that he or she is not authorized to work based only on a TNC may violate the anti-discrimination provision of the INA under 8 U.S.C. § 1324b(a)(1) or (a)(6). For more information, including employer best practices on avoiding discrimination in the use of E-Verify, see IER's E-Verify guidance for employers

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here.

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Social Security Number/Name Issues

Q. If a worker's name and Social Security number don't match the Social Security Administration's (SSA) records, should the employer automatically conclude that the worker is not authorized to work?

A. No. Just because there is a mismatch between a worker's name or Social Security number and another entity's records, including SSA's records, employers should not assume that the worker lacks employment authorization. There are many possible reasons for a mismatch, including:

1. An unreported name change (e.g., due to marriage, divorce or other reasons) after the SSN was issued;

2. Typographical errors;

3. Inaccurate or incomplete employer records;

4. Identity theft;

5. An error based on hyphenated or multiple surnames; and

6. A change in citizenship status that has not been reported to SSA.

As the Social Security Administration states in its

Social security card valid for work only with ins authorization i 9
Employer Correction Request letter, an employer should not use the mismatch by itself as the reason for taking any adverse employment action against any worker. Doing so may violate the anti-discrimination provision of the INA at 8 U.S.C. § 1324b. For more information, including steps employers can take upon receipt of a Social Security name/number mismatch, see IER's guidance for employers on Social Security name/number no-matches here.

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Citizenship Status Discrimination

Q. I was rejected for a job because I am not a U.S. citizen. Is this citizenship status discrimination?

A. Under 8 U.S.C. §§ 1324b(a)(1)(B) and (a)(2)(C), employers are not allowed to limit job applicants or hires to U.S. citizens unless they are required to do so by federal, state, or local laws or federal contracts that require specific positions to be filled only by U.S. citizens. If a job applicant is discouraged or rejected from employment based on citizenship status, the employer may be committing citizenship status discrimination in violation of the anti-discrimination provision of the INA. You can get more information on citizenship status discrimination at 8 U.S.C. § 1324b(a)(1)(B) and by contacting IER. If you believe that your application may have been improperly rejected because you are not a U.S. citizen, contact IER.

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Q. I was rejected for a job because the employer only likes to hire workers on temporary visas. Is the employer allowed to do this?

A. No. Failing to consider or hire qualified workers protected from citizenship status discrimination (U.S. citizens, U.S. nationals, asylees, refugees, and recent lawful permanent residents) workers based on their citizenship status violates a part of the INA found at 8 U.S.C. § 1324b(a)(1)(B). Employers may violate this law even if the employer follows the rules for the temporary employment-based visa programs, if the employer makes its hiring decision based on a worker’s citizenship status. Contact IER if you believe an employer discriminated against you based on your citizenship status.

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Q. May I ask applicants for citizenship or immigration status information?

A. Generally, an employer may ask job applicants if they have the legal right to work in the United States and if they will need sponsorship for an employment visa. Asking for specific citizenship status information for purposes unrelated to any recruitment, hiring, or firing decision is unlikely to violate the law IER enforces. However, unsuccessful applicants who are subjected to these types of questions may believe that the employer based its decision on the applicant’s citizenship status (which includes immigration status). Therefore, it is a best practice to avoid asking applicants for this information.

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Q. If my company engages in activity regulated by the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR), does the ITAR or the EAR require me to hire only U.S. citizens?

A. No. Nothing under the ITAR or the EAR requires or allows an employer to limit jobs to U.S. citizens. However, the ITAR or the EAR may require a company to obtain authorization if certain employees require access to technology that is regulated under the ITAR or the EAR, and such requirements may affect these employees’ scope of employment. In particular, a company may need to obtain authorization to release covered technology to employees who are not U.S. citizens, U.S. nationals, lawful permanent residents, asylees, or refugees. Contact the Department of State’s Directorate of Defense Trade Controls for more information on requirements under the ITAR and the Department of Commerce’s Bureau of Industry and Security for more information on deemed export requirements under the EAR.

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National Origin Discrimination

Q. I applied for a job with an employer that only has four employees, and it refused to hire me due to my national origin. Is that employment discrimination?

A. Yes. The anti-discrimination provision of the INA prohibits employers with four to 14 employees from discriminating in hiring based on national origin, and Title VII of the Civil Rights Act (enforced by the Equal Employment Opportunity Commission (EEOC)) prohibits employers with 15 or more employees from discriminating in hiring based on national origin. If an employer has rejected your employment application based on your national origin, contact IER to determine whether IER or the EEOC has jurisdiction to assist you. You can learn more about the INA’s prohibition against national origin discrimination at 8 U.S.C. § 1324b(a)(1)(A), and Title VII’s prohibition against national origin discrimination at 42 U.S.C. § 2000e-2.

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Q. I applied for a job with an employer that only has four employees and was informed that to be hired I would need to speak English without a foreign accent. Is this legal?

A. A small employer (four to 14 employees) that rejects an applicant because of a foreign accent may violate the anti-discrimination provision of the INA at 8 U.S.C. § 1324b(a)(1)(A). Such conduct by a larger employer (15 or more employees) may violate Title VII of the 1964 Civil Rights Act, which is enforced by the Equal Employment Opportunity Commission. More information about national origin discrimination is available here.

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For other IER information or for direct assistance, please contact IER's anonymous worker or employer hotlines (language interpretation available) Monday-Friday, 9:00 a.m. - 5:00 p.m. Eastern Time:

Worker Hotline: 1-800-255-7688
Employer Hotline: 1-800-255-8155
TTY: 1-800-237-2515

What does Valid for work only with INS authorization?

Cards with the legend : “VALID FOR WORK ONLY WITH I N S AUTHORIZATION” are issued to people admitted to the United States on a temporary basis. This card allows that person to work only with Immigration and Naturalization Service authorization.

What does Valid for work only with DHS authorization?

Shows your name and Social Security number with the restriction, "VALID FOR WORK ONLY WITH DHS AUTHORIZATION". We issue it to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work.