Should you accept a restricted Social Security card for Form I-9?
You are completing Form I-9 for a new employee, and she has presented List B and C documents… a driver’s license and a Social Security card. But the SS card has info printed on it that you’ve never seen before. Here’s what you should do when a new hire presents a restricted Social Security card.
Restricted Social Security card not valid for Form I-9
The bottom line is that you should never accept a restricted Social Security card to complete Form I-9. A restricted card is one that includes one of the following notations on its face:
- “Not valid for employment”
- “Valid for work only with INS work authorization”
- “Valid for work only with DHS authorization”
A restricted Social Security card, when presented as a List C document, does not prove work authorization… the very purpose of a List C document. Social Security cards are issued for various reasons not related to employment. In fact, there are three types of Social Security cards:
- unrestricted cards, issued to individuals who are always authorized to work (U.S. citizens and lawful permanent residents);
- restricted cards, issued to individuals who are in the U.S. temporarily and and may be authorized to work while here;
- non-work cards, issued for reasons other than employment.
Why you can't accept a restricted card, even from someone authorized to work
As noted, Social Security cards are issued for several different reasons — to pay taxes; to receive certain government benefits; because of the cardholder’s relationship with another person; and other reasons. But not everyone who is issued a SS card is also authorized to work in the U.S., and most non-citizens are authorized to work for a limited time.
A Social Security card will be issued with a restriction to “aliens authorized to work” because:
- A work-authorized non-citizen’s eligibility can expire.
- Social Security cards do not have an expiration date.
- The cards are not as closely regulated as are work authorization documents.
Paraphrased, the restriction means “this SS cardholder’s work eligibility is temporary. We have issued him/her a different document to prove eligibility to work. This person can complete Form I-9 only if s/he can present that document to prove it.” Usually, that will be a List A document, although you cannot tell the new hire what document to present.
What should I do when the employee presents a restricted Social Security card?
When the new hire presenting a List B document also presents a restricted Social Security card, you are allowed to and, in fact, must reject the restricted Social Security card, since it is not an acceptable Form I-9 document, and ask the employee to choose different documentation from List A or List C of Form I-9.
Conclusion
It’s true that Form I-9 rules can be confusing, but the rule on restricted Social Security cards is clear — you must never accept and describe in Section 2 a restricted Social Security card.
[Source]
Quick and Convenient!
Enroll in E-Verify® via our agency and avoid the signup delays, tutorials and 31-question mastery test. Let an experienced and knowledgeable professional manage your E-Verify participation. We make E-Verify easy!
Sign Up NowContact Us