May I request certain documents our company wants with the Form I-9, such as driver's license and Social Security card?

The acceptable documentation is listed on the Form I-9. Employers are not permitted to specify which documents they will accept from an employee, such as a driver's license and Social Security card. Instead, simply show the list of acceptable documents on the last page of the Form I-9 to your employee and allow them to choose which verifying documentation to provide.

Requesting more or different documents than are required under federal immigration law, or a refusal to honor documents tendered pursuant to federal law that, on their face, reasonably appear to be genuine can violate both California and federal law and subject you to penalties. In fact, the penalty under state law alone is up to $10,000.

Moreover, it is a violation of the state Fair Employment and Housing Act for an employer to require a person to present a driver’s license, unless possessing a driver’s license is:

  • Required by law; or
  • Required by the employer and the employer’s requirement is otherwise permitted by law.

Employers should only require an employee to possess a driver’s license if driving is essential for the position and an alternative form of transportation would not be comparable in travel time or cost to the employer.

Read more about Completing the Form I-9 in the HR Library.

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