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French Passport?

Question: Three men apply to manage the front desk of your four-star hotel. One has more experience than the other two, but you refuse to hire him because all he has for the I-9 form is an unexpired French passport with an unexpired work authorization stamp. You ask him for "a driver's license, anything." The next person has only a temporary resident card that expires in nine days. That's too close for comfort. So, you hire the third applicant, who has a valid Canadian driver's license. Are you discriminating?

Answer: Yes, you are discriminating. The unexpired French passport, with an unexpired work authorization attached, is sufficient documentation to show that the applicant is work authorized. So is the person with the temporary resident card. When the card expires in nine days, you can ask him/her to reverify work authorization in Section 3 of the I-9 form. The third applicant did not show sufficient documents to establish work authorization. A Canadian driver's license is a permissible document to establish identity, but it does not establish authorization to work in the United States. Therefore, the applicant would also need to show you a document from List C. Remember, for reverification purposes, the individual again has the right to show the valid documents of his/her choice. These documents don't have to be the same ones that he/she presented initially. If you insist on seeing the same documents, you are engaging in document abuse.  

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