Can I refuse to hire a person who does not have a U.S. birth certificate or a green card but has other papers?
The employer must look at the other documents papers to determine whether they prove identity and work authorization. An employer cannot require that the new hire provide specific documents, such as a U.S. birth certificate or a green card. A new hire may show any of the documents listed on the I-9 form. The documents shown in List A on the back of the I-9 form prove both identity and authorization to work. If a new hire provides a document in List A, only one document is needed. If the document provided is not in List A, the employee must provide a document from List B and a document from List C.
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