Why Employers Should Not Request Extra Documents During I-9 Verification

Federal law requires U.S. companies to verify a new hire’s identity and confirm their legal authorization to work in the country. This process includes checking the validity of the individual’s presented documents.

Failing to comply with the provisions of the Immigration Reform and Control Act could result in hefty fines or penalties. However, employers should not request extra documents during I-9 verification for several reasons. Keep reading to learn more from the skilled attorneys at Monty & Ramirez LLP.

You Want to Avoid Document Abuse

Employees are permitted to choose which documents to provide to your HR staff from the I-9 list of acceptable options. While it is your responsibility to examine a prospective employee’s materials to verify their identity and ensure their eligibility to work in the U.S., you must be willing to accept their paperwork if it appears reasonably genuine.

Requesting extra documents is unnecessary when verifying an applicant’s identity and may appear as document abuse, suggesting your company treats people differently based on their origin or status. The Immigration and Nationality Act (INA) prohibits document abuse, and the Department of Justice and U.S. Citizenship and Immigration Services impose hefty fines. It may also open up the potential for discrimination claims against your company.

What Should Your Company Do Instead of Requesting Extra Documents?

If the paperwork a new hire provides to your company seems invalid or fraudulent, you are still not permitted to request extra documents during I-9 verification. You can challenge the validity of documents presented, but make sure you are confident in your determination. Lawful residents or U.S. citizens can have a claim against an employer who improperly rejects a document that is, in fact, valid.

Be consistent and apply the same process from new hire to new hire to reduce the potential for discrimination allegations. Your staff should also avoid specifying the document they need to receive, such as a passport, and ensure all HR staff are properly trained in I-9 requirements to help prevent inconsistencies in-house.

Contact Our Team To Learn More About Why Employers Should Not Request Extra I-9 Documents

There are many reasons why employers should not request extra documents during I-9 verification, and you and your HR team may have a long list of compliance questions after reading our guide. The attorneys at Monty & Ramirez LLP have the answers to your tough immigration law questions.

If you are under an I-9 investigation, it is essential to reach out to our law office now to schedule your company’s free consultation. We founded our Houston-based immigration law firm more than 25 years ago to serve our diverse community, and we know what works. Contact our experienced team today to schedule a consultation.