Q: Can my employer refuse List A documents for I-9?

A: The short answer is no. Please see the following guidance:

Anti-Discrimination Notice: Employers must allow all employees to choose which acceptable documentation to present for Form I-9.

Employers cannot ask employees for documentation to verify information entered in Section 1, or specify

which acceptable documentation employees must present for Section 2 or Supplement B, Reverification and Rehire.

Employees do NOT need to prove their citizenship, immigration status, or national origin when establishing their employment authorization for Form I-9 or E-Verify. Requesting such proof or any specific document from employees based on their citizenship, immigration status, or national origin, may be illegal.

Similarly, discriminating against employees in hiring, firing, recruitment, or referral for a fee, based on citizenship, immigration status, or national origin may be illegal. Employers should not reject acceptable documentation due to a future expiration date.

For more information on how to avoid discrimination or how to report it, contact the Immigrant and Employee Rights Section in the Department of Justice's Civil Rights Division at www.justice.gov/ier.

A: No, your employer cannot legally refuse a valid List A document for the I-9 form. If you’ve already provided an unexpired U.S. passport, that alone is enough to establish both identity and employment authorization under federal law. Requiring additional documents from List B and List C after you’ve already provided a valid List A document goes against the rules laid out for Form I-9.

What your employer is doing may actually be considered document abuse, which is a form of discrimination under immigration law. Employers must allow workers to choose which valid documents to present, as long as they are from the acceptable lists. Forcing you to present more than is legally required could expose the employer to penalties, especially if it appears they are selectively applying these standards.

It’s okay to feel uneasy in this situation, especially when your job is on the line. If you're comfortable doing so, consider calmly pointing out that the passport fulfills the I-9 requirement by itself. You’re not being difficult—you’re standing up for your rights under federal law. If the company continues to insist on more documents, you might want to seek help from an employment or immigration resource.