Skip to main content
U.S. flag
An official website of the United States government    Here's how you know
Español
Multilingual Resources
Official Government Website

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Website

Secure .gov websites use HTTPS
A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
 
Sign In  
Access USCIS online services.
  • Sign In
  • Create Account
Sign In
Create Account
Horizontal Menu
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
  • Contact us
  • Multilingual Resources
  • Ask Emma
Main navigation
Skip to main content
  • I-9 Central
    • Form I-9 Related News
      • Archived Form I-9 News
    • Temporary Policies Related to COVID-19
      • Questions and Answers Related to COVID-19
    • Complete & Correct Form I-9
      • Completing Section 1, Employee Information and Attestation
      • Completing Section 2, Employer Review and Attestation
      • Completing Section 3, Reverification and Rehires
      • Exceptions
      • Special Categories
      • Retention and Storage
      • Self-Audits and Correcting Mistakes
      • Special Rules for E-Verify Users
    • Form I-9 Acceptable Documents
      • Receipts
      • Who is Issued This Document?
      • Combination Documents
      • Employment Authorization Extensions
      • Examining Documents
    • Employee Rights and Resources
      • Preventing Discrimination
      • Filing a Discrimination Claim
    • Legal Requirements and Enforcement
      • Form I-9 Inspections
      • Penalties
    • Form I-9 Resources
      • (EAD) Automatic Extension Calculator
      • Handbook for Employers M-274
      • Employment Eligibility Webinars
      • I-9 Central Questions & Answers
    • Form I-9 Contact Us
    • E-Verify
Breadcrumb
  1. Home
  2. I-9 Central
  3. Employee Rights

Employee Rights

Employers must treat you in a non-discriminatory way, including when recruiting, hiring, firing, and verifying your identity and authorization to work using Form I-9, Employment Eligibility Verification or E-Verify.

Your employer may not:

  • Ask for specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender, disability, or genetic information, or because of any other protected characteristic. For example, your employer may not:
    • Ask for a document issued by the Department of Homeland Security because you are not a U.S. citizen.
    • Ask for a U.S. passport to prove you are a U.S. citizen.
  • Refuse to accept your document or refuse to hire you because of an unfounded suspicion that your documentation is fraudulent. For example, your employer may not refuse to accept your identification and unrestricted Social Security card because you have limited English proficiency.
  • Treat you differently than other applicants because you have, or your employer believes you have, a particular citizenship or immigration status.
  • Ask to see documents showing your permission to work before hiring you, or before you complete Section 1 of Form I-9.
  • Refuse to accept your document or refuse to hire you because your document expires in the future.
  • Limit jobs to U.S. citizens unless U.S. citizenship is required by law or government contract.
  • Ask you for a specific document when reverifying that you are authorized to work. You may present any documentation either from List A or from List C of the Lists of Acceptable Documents to demonstrate that you are still authorized to work.
  • Retaliate against you. For example, employers cannot fire you, decrease your pay, or otherwise try to punish you for:
    • Contacting the Immigrant and Employee Rights Section (IER) in the U.S. Department of Justice’s Civil Rights Division, or the Equal Opportunity Commission for assistance or to file a complaint.
    • Complaining about discrimination or otherwise asserting your or another’s rights.
    • Participating in an investigation or lawsuit on behalf of an alleged victim.

Your employer must:

  • Provide you with the entire Form I-9, including Instructions for completing the Form and the Lists of Acceptable Documents.
  • Accept your documentation if it reasonably appears to be genuine and to relate to you.
  • Allow you the choice of what documentation to provide. For example, your employer cannot ask you for a U.S. passport or a Green Card.
  • Comply with the Immigration and Nationality Act’s anti-discrimination provision.

If you feel your employer did not hire you, treated you differently during the hiring or Form I-9 process, or terminated you because of your national origin, or immigration or citizenship status, call IER at 800-255-7688 (Worker Hotline) or 800-237-2515 (TTY), or visit IER’s website.

You may also contact the Equal Employment Opportunity Commission (EEOC) if you feel you have been discriminated against in employment based on your race, color, religion, and national origin or any other protected bases (sex (including pregnancy, sexual orientation, and gender identity), age (40 and over), disability, and genetic information). Call 800-669-4000, 800-669-6820 (TTY), or 844-234-5122 (ASL Video Phone) or visit the EEOC website.

More Information

Employee Rights & Employer Responsibility Webinars

 

Last Reviewed/Updated:
02/23/2023
Was this page helpful?
0 / 2000
To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.
Return to top
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
Facebook
Twitter
YouTube
Instagram
LinkedIn
Email
Contact USCIS
U.S. Department of Homeland Security Seal

USCIS.gov

An official website of the U.S. Department of Homeland Security

Important links
  • About USCIS
  • Accessibility
  • Budget and Performance
  • DHS Components
  • Freedom of Information Act
  • No FEAR Act Data
  • Privacy and Legal Disclaimers
  • Site Map
  • Office of the Inspector General
  • The White House
  • USA.gov
Looking for U.S. government information and services?
Visit USA.gov