With the federal government's recent focus on immigration,
particularly the recently increased enforcement policy of
Immigration and Customs Enforcement, the enforcement arm of the
Department of Homeland Security (DHS), many roofing contractors are
revisiting how they complete I-9 forms to ensure they comply with
all legal requirements. One issue that continues to confuse roofing
contractors when completing I-9 forms is whether they can ask
employees to provide Social Security cards.
According to U.S. immigration law, you cannot require employees
to produce specific documents, such as a Social Security card, when
completing I-9 forms. Indeed, an employee can produce documentation
meeting I-9 requirements without ever producing a Social Security
card. Does this mean you are prohibited from asking to see Social
Security cards? Not necessarily. Remember, in addition to having to
comply with immigration laws, you also are obligated to comply with
the requirements of the Social Security Administration (SSA) and
Internal Revenue Service (IRS).
Although DHS, SSA and IRS rules intersect, to avoid claims of
wrongful termination or national origin discrimination, it is
important for you to handle your obligations under SSA laws and IRS
rules separately from obligations...
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