May the employer suggest or specify a preference regarding which documents are presented by the employee?
No, the employer cannot specify a preference for certain documents or combination of documents, even though the employer may have doubts about the reliability of certain combinations (e.g. a driver’s license and Social Security card). In particular, the employer may not require, request, or suggest that the employee produce a USCIS-issued employment authorization document that evidences the expiration date for work authorization stated by the employee in Section 1. For example, you may not require that an employee prove their status as a lawful permanent resident if they otherwise present acceptable documents (e.g. a driver’s license and an unrestricted Social Security card).
Related Questions
- What is the employers responsibility with regard to ensuring that the documents presented relate to the employee?
- Can an employer terminate an employee who fails to produce the required documents within three business days?
- How does an employer ensure that the original documents presented appear genuine?
