Does a non-citizen need a green card to work?

Q. I interviewed a candidate for employment who seems very promising, but she is not a U.S. citizen and does not have a green card. Is there some other way she can prove she is legally allowed to work?

A. Yes. There are a number of documents that any employee can use to establish his or her identity and eligibility for employment in the U.S. These include a U.S. passport, driver license, Social Security card, birth certificate or even a student ID card. Some are adequate on their own; others must be combined with another document.

A "green card" (INS Form I-551) marks a citizen of another country as a permanent resident in the U.S., and thus eligible for work. Many temporary residents are also legally permitted to work. They can demonstrate their eligibility with immigration documents such as a foreign passport showing employment authorization, a temporary resident card, a re-entry permit or a refugee travel document.

The complete list of acceptable documents is found on the back of INS Form I-9. All employees, regardless of citizenship, must complete this form upon beginning employment. In addition to providing the appropriate documentation, the employee must sign the form, attesting that he or she is legally authorized to work in the U.S. The employer must also sign the form, indicating belief that the person is eligible for work based on review of the documents.

The employee must provide the required documents, or proof of having applied for them, within three business days of beginning work. Employees may be discharged for failing to present the necessary documents, according to Sheldon I. London, author of How To Comply with Federal Employee Laws.

Instructions on Form I-9 point out that it is illegal to discriminate against individuals who are eligible to work, even if work permission may expire in the future. Employers must accept any of the listed documents; they are not allowed to specify which documents they will accept.

In order to avoid discrimination charges, employers also should avoid asking questions about a person's national origin on an employment application or in a job interview. A permissible question might read: "Are you a United States citizen or legally eligible to work in the U.S.?" This provides the necessary information about work eligibility without soliciting responses that could used as a basis for discrimination.