Can Employers Require Specific I-9 Documents?

Employers generally cannot require employees to present specific documents for Form I-9. Employees choose which acceptable documents to provide from the Form I-9 Lists of Acceptable Documents. Employers must accept documentation that meets the requirements if it reasonably appears genuine and relates to the person presenting it.

That means “bring your driver’s license and Social Security card” is not a good default onboarding instruction. Those documents may be an acceptable combination, but they are not the only option.

For employers hiring at volume, this distinction matters. A restrictive email template or onboarding workflow can repeat the same mistake across hundreds of hires. Here is how to build a consistent document-request process without taking document choice away from employees.

What documents can employees choose for Form I-9?

The Form I-9 document framework gives employees two basic options:

• List A: Acceptable documentation establishing both identity and employment authorization.
• List B plus List C: An acceptable identity document together with an acceptable employment authorization document.

A valid U.S. passport is one example of a List A document. A qualifying driver’s license and an unrestricted Social Security card are examples of a List B and List C combination.

Some List A entries require a combination of documents. Employers should follow the specific entry rather than assume that every List A option consists of one document.

Provide employees with the complete, current USCIS Lists of Acceptable Documents. Do not substitute a shortened list of documents that your staff finds easiest to process.

Document choice does not eliminate employer review

Employees choose what to present, but employers still examine the documentation and complete the required fields.

If a document does not reasonably appear genuine or does not appear to relate to the employee, explain the concern and allow the employee to present other acceptable documentation of their choice. Do not respond by prescribing a passport, green card, or another specific replacement.

Can employers require a driver’s license and Social Security card?

Not as a mandatory Form I-9 combination. An employee who presents acceptable List A documentation generally does not also need to present List B or List C documents.

Likewise, an employee can choose a different acceptable List B document instead of a driver’s license.

A better onboarding message is:

Please review the Form I-9 Lists of Acceptable Documents. You may choose acceptable List A documentation, or an acceptable List B document together with an acceptable List C document. We do not require a particular document combination.

If the employer participates in E-Verify, the message should also explain the applicable List B photograph requirement.

Keep payroll requirements separate

Payroll may need an employee’s Social Security number for tax reporting. That does not make a Social Security card a required Form I-9 document.

Similarly, a role may require proof of a valid driver’s license because driving is an essential job duty. That separate requirement does not determine which documents the employee must use for Form I-9.

Label requests by purpose. An employee should be able to distinguish employment eligibility verification from payroll setup, licensing, and benefits enrollment.

Can employers ask permanent residents for a green card?

Employers should not require a Permanent Resident Card simply because an employee identifies as a lawful permanent resident in Section 1.

A permanent resident may choose any acceptable documentation available to them under the Form I-9 rules, such as an acceptable List B document and an unrestricted Social Security card.

The same principle applies to other employees: a citizenship or immigration status selection is not permission to demand a preferred document.

Avoid onboarding instructions such as:

• “All noncitizens must upload immigration papers.”
• “Permanent residents must bring their green card.”
• “U.S. citizens must show a birth certificate or passport.”

These instructions replace employee choice with employer-imposed requirements and can create discrimination risk.

What counts as requesting too many documents?

Once an employee presents sufficient acceptable documentation, do not request additional documents to feel more confident about their eligibility.

For example, if an employee presents an acceptable U.S. passport, asking for a Social Security card to finish Form I-9 is unnecessary. If an employee provides an acceptable List B and List C combination, requesting immigration documentation adds another improper hurdle.

The Justice Department’s Immigrant and Employee Rights Section explains that requesting more or different documents, specifying documents, or rejecting reasonably genuine-looking documents can constitute unlawful documentary practices when done because of citizenship status or national origin.

Employees sometimes bring several documents voluntarily. Explain the available options and let the employee identify the acceptable documentation they wish to use. Record the required documentation rather than every document offered.

Does E-Verify change who chooses the documents?

E-Verify does not generally give employers the right to require a passport, green card, or Employment Authorization Document.

However, when an employee presents a List B document to an E-Verify employer, that document generally must contain a photograph. Employers should consult current E-Verify guidance for exceptions and accommodation procedures, including religious objections.

E-Verify also has document-specific photo matching and copying requirements in certain cases. These requirements apply after the employee chooses the documentation; they are not a reason to steer employees toward particular documents.

Train staff to distinguish document examination from E-Verify case processing. Our guide to E-Verify versus Form I-9 explains their different roles.

How should HR handle unfamiliar or apparently expired documents?

Do not equate unfamiliar documentation with invalid documentation. Employees may present acceptable documents that a hiring manager rarely encounters.

Although documents generally must be unexpired when presented, certain documents remain acceptable under applicable extension rules. Qualifying receipts may also be acceptable temporarily. The printed expiration date alone does not resolve every situation.

Build an escalation process:

1. Identify the document and applicable List A, B, or C entry.
2. Check current USCIS guidance for extensions, receipts, or special rules.
3. Have a trained reviewer evaluate unresolved questions promptly.
4. Explain any actual deficiency without directing the employee to a specific alternative.

Do not reject documentation merely because it has a future expiration date. Time-limited employment authorization is not, by itself, a reason to reject an otherwise acceptable document.

Build document choice into your onboarding workflow

A compliant policy needs matching technology and manager instructions. Review your process for these common problems:

• Required upload fields: Does the system force everyone to upload a driver’s license or Social Security card?
• Status-based prompts: Does selecting permanent resident trigger a mandatory green card request?
• Manager scripts: Do supervisors request their preferred document combination?
• Extra-document collection: Does HR retain unnecessary documents as a routine precaution?
• Escalation gaps: Do unfamiliar documents lead to rejection instead of review?

Centralizing these decisions can reduce inconsistency across hiring locations. Trak’s Form I-9 verification and E-Verify services support employers managing these processes at scale.

This article provides practical information, not legal advice. Confirm current USCIS and E-Verify requirements, and consult qualified counsel about discrimination concerns or unusual cases.

Need a more consistent I-9 process across your hiring locations? Contact Trak Services to discuss your verification workflow.