The Form I-9 and Document Abuse: What You Need to Know About Verifying Your Work Status with your Employer

Read this fact sheet to understand your rights when providing identification documents at work and to learn about document abuse—what it is, when it happens, and what actions you can take. 

What documents am I required to submit when I start a job?

Employers must complete an Employment Eligibility Verification Form, also known as a “Form I-9,” within three days of hiring you. This form requires you to present documents that prove both your identity and your work authorization. You can see the Form I-9 here in English and in Spanish.

What documents may I submit to complete the Form I-9?

You have the option to present many different types of documents to complete your Form I-9. It is your choice which documents you wish to submit. The Form I-9 has a section called “Lists of Acceptable Documents,” and you are free to provide either: (1) any document from List A, OR (2) any document from List B and any document from List C.

Note:  You may also verify your identity using acceptable receipts for replacements of lost, damaged, or stolen documents. For more information on the acceptable documents to establish identity and work authorization,see this USCIS resource.

When can an employer verify my employment eligibility again?

Employers can lawfully require workers to present I-9 documents again in limited circumstances:

  • Expired documents: When an employee’s documents have expired or are about to expire (with some exceptions).
  • ICE Inspections/I-9 Audits: When Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI) identify problems with workers’ documents. Learn more here.
  • Self-audit: When an employer reviews all employees’ Form I-9s as a part of its own, ideally regularly scheduled audit.
  • Constructive knowledge: When the employer has actual evidence(not just suspicion or circumstantial evidence) that an employee lacks work authorization.

Note: A Social Security Administration “no-match” letter does not by itself constitute “constructive knowledge.”

What is document abuse?

Document abuse may occur when an employer specifies which of those documents an employee must submit for the Form I-9, or refuses to accept documents that appear to be genuine.

Note: Employees must show that their employer is committing document abuse with the purpose of discriminating against them.

Has my employer committed document abuse?

Your employer may have committed document abuse if it:

  • Requests more or different documents than the Form I-9 requires.
  • Refuses to honor acceptable documents presented which, on their face, appear to be genuine.

What are my rights against document abuse?

If you are documented:

If you an immigrant with legal status, you may file a federal complaint against your employer. You can file this charge within 180 days of the document abuse with the U.S. Department of Justice’s Immigrant and Employee Rights Section (IER), which will investigate your claim. (Note: IER refers to document abuse as “unfair documentary practices.”)

If IER finds that your employer has committed document abuse, then there are various remedies that you might be owed, including back pay and job reinstatement. Your employer might also be fined for their discriminatory actions.

Forms to file a charge with the IER are here. These forms can be filed online and are available in numerous languages including English, Spanish, Chinese, and Vietnamese. You can also contact IER’s Worker Hotline at 1-800-255-7688 (voice) or 1-800-237-2515 (TDD).

If you are undocumented:

In California, undocumented workers are protected by state law from immigration-related discrimination and retaliation, including document abuse.  If you are undocumented and are facing document abuse, you can file a discrimination complaint with the California Labor Commissioner.  You may also have greater protections against reverification under state law.

Additional Resources:

Last updated: July 24, 2025