Can I Hire a Worker Whose Social Security Card Says "Valid Only With DHS Authorization"?

If you are a U.S. employer who sometimes hires local workers that come from other countries, you probably know that you will need to check their immigration documents when preparing the required Form I-9 at the start of employment. (See Hiring Your First Employee: 13 Things You Must Do.)

In many cases, you'll be presented with a Social Security card. But what if that card says "Valid only with DHS authorization." Is it okay to accept it for purposes of Form I-9?

A Restricted Social Security Card Is Not Fake; But Not Enough

This type of Social Security card is likely to be genuine. After all, who would want a fake card that does not allow them to work? (Check out What to Do If Employee's Green Card or Other I-9 Documents Look Fake or Suspicious.)

However, you, the employer, cannot accept such a card for I-9 purposes, as it does not serve as evidence of a person's work authorization. A card bearing this notation is known as a "restricted" Social Security card; the Social Security Administration typically issues such cards to foreign nationals who possess time-limited work authorization. Examples include H-1B visa holders, students working under Optional Practical Training, and those who have been granted deferred action under DACA.

If an employee presents a restricted Social Security card to you during the I-9 process, you should explain that the card is not acceptable as a List C document (see USCIS's list of acceptable documents) and then give an opportunity to present alternative documentation.

What Are the Most Likely Alternative Documents Such a Worker Might Present?

The worker might be able to present a List A document, such as an Employment Authorization Document (EAD, also known as an I-766, Employment Authorization Card) or a foreign passport containing an I-94 card (a record issued to a foreign national when he enters the U.S. indicating his visa status and the expiration date of his authorized stay in the U.S.) endorsed for work. If the I-94 is not part of the passport, the employee may present it as a List C document proving work authorization together with any List B identity document.

Be careful about accepting an I-94, however. It may only be used if the period of endorsement has not yet expired and the proposed employment does not conflict with any restrictions or limitations listed on the I-94. Also, some persons, such as certain students and exchange visitors, must also present additional documentation in order to prove their work authorization in the United States.