Sep 18, 2023

Watch Out for 'Restricted' Social Security Cards for Form I-9 Purposes

Businesses must have all employees fill out a Form I-9 to ensure they are eligible to work in the United States. A Social Security card can be part of the proof, but not in all instances. Read through to avoid making a serious mistake.

 

Although Form I-9 has changed through the years, its basic purpose has remained the same: to make sure those applying for work at a U.S. company are legally eligible to work in the United States. U.S. Citizenship and Immigration Services does give some flexibility in how job candidates prove both their identity and employment authorization. Documents in "List A" can prove both, so a candidate who shows a current U.S. passport, for example, doesn't have to show anything else.

Those who don't have "List A" documents can show one document from "List B," which establishes identity, and one from "List C," which establishes employment authorization. A common List C document is a Social Security card. However, as a recent government announcement has clarified, that Social Security card must be unrestricted.

What does that mean? Many employers may not have even seen a restricted card, but some cards will have one of the following restrictions entered on the front:

  • VALID FOR WORK ONLY WITH DHS AUTHORIZATION
  • VALID FOR WORK ONLY WITH INS AUTHORIZATION
  • NOT VALID FOR EMPLOYMENT

There is nothing inherently illegal about such a card, but it cannot be used to satisfy the authorization requirement for Form I-9.

However, let's say the candidate instead has one of the six other List C documents or one of the six List A documents. In that case, the question of the Social Security card is moot. Indeed, the form is very clear that employers cannot specify which documents it would like as proof. As long as candidates provide the right document or combination of documents, the employer cannot say, "I also want to see your Social Security card for I-9 purposes to make sure it's unrestricted."

However, if a candidate does show a restricted Social Security card and cannot present an acceptable substitute, you must reject them.

The E-Verify system has more information on its site. And Form I-9, available in PDF on the USCIS site, also reminds both employers and candidates that Social Security cards must be unrestricted.

©2023


 

MORE RECENT NEWS…


Oct 22, 2026

A Disaster Recovery Plan for Your Business

No one likes to think bad things will happen. But what would happen to your business if there was a fire in your office? Read through to learn why having a disaster recovery plan in place can give you peace of mind.


Oct 21, 2026

Get a Tax Break If You Launch a 401(k)

Eligible employers may be able to claim a tax credit of up to $5,000, for three years, for the ordinary and necessary costs of starting a SEP, SIMPLE IRA or qualified plan (like a 401(k) plan.) Read through to see how your business can benefit.


Oct 20, 2026

IRS Warnings About Payroll Scams

Human resources and payroll departments lacking strong internal controls are vulnerable to cybercrimes. This is not just a tax-season problem. Read through for IRS warnings on HR and payroll tax scams that continue to plague businesses.


Oct 19, 2026

Terminating Employees: Watch the Laws Carefully

Terminating employees before they reach an important work-related milestone can result in legal consequences on your end. Don't find yourself in hot water! Read through to see how at-will employment works.


Sep 24, 2026

Job Openings? Look Toward Community Colleges

Employers are painfully aware that they face a 21st-century skills shortage. Companies are bent on hiring a "new collar" workforce to keep up with advances in technologies like artificial intelligence and automation. Read through to learn about an untapped resource.


Sep 23, 2026

With the IRS, As with Courts, You're Entitled to Representation

If you're having a problem with the IRS, you have rights! For one, you don’t have to go it alone. You are allowed to have an expert in your corner. Read through for details on the regulations that protect you.




More News & Press can be found in our Archive.