11.4 Avoiding Discrimination in Recruiting, Hiring, and the Form I-9 Process
In practice, you should treat individuals equally when recruiting and hiring, and when verifying employment authorization and identity during the Form I-9 process.
You should not:
- Have different rules or requirements for individuals because of their national origin, citizenship, or immigration status. For example, you cannot demand that non-U.S. citizens present DHS issued documents. Each individual must be allowed to choose the documents that they will present from the lists of acceptable Form I-9 documents. For example, both citizens and other employment authorized individuals may present a driver’s license (List B) and an unrestricted Social Security card (List C) to establish identity and employment authorization. However, you must reject documents that do not reasonably appear to be genuine or to relate to the individual presenting them.
- Request to see employment eligibility verification documents before hire and completion of Form I-9 because an individual looks or sounds “foreign,” or because the individual states that they are not a U.S. citizen.
- Refuse to accept a document, or refuse to hire an individual, because a document has a future expiration date.
- Request specific documents from individuals to run an E-Verify case or based on an E-Verify tentative nonconfirmation.
- Request that an individual run a Self Check case and/or present documents showing the individual cleared Self Check.
- Request that an employee who presented an unexpired Permanent Resident Card present a new document when the Permanent Resident Card expires.
- Request specific documents for reverification. For Example, an employee who presented an unexpired Employment Authorization Document (Form I-766) during initial verification should be requested to present any document of their choosing from either from List A or from List C during reverification.
- Limit jobs to U.S. citizens unless U.S. citizenship is required for the specific position by law; regulation; executive order; or federal, state, or local government contract.