SSN Policy Manual

Employment Issues

Used Only for Agricultural Labor The instruction for the I.N.S. Form 1-9 admits that its "authority for collecting this information is . . . 8 U.S.C. 1324a."

Privacy Act Notlce. The authorily for collecting this intormat~on is the Immigration Reform and Conlml Act of 1986, Pub. L. 94603 (8 U.S.C. 1324a).

Based on that law and the implementing regulations, the 1.N.S Form 1-9 is used only for "an agricultural association, agricultural employer, or farm labor contractor" to verify that the alien they are hiring is authorized to work in the United States. Neither the law, nor the regulation authorizes its use for citizens or for employment other than "an agricultural association, agricultural employer, or farm labor contractor." It 15 unlawful to apply this form to citizens or non-agricultural labor. Employer Cannot Specify Which DocumentsThey Accept A social security card may be used, but is not needed, as one of the documents that establish employment eligibility. Although the social security number is requested on the face of the 1-9 form, it is not required. Additionally, the employer is prohibited fmm specifying which documents are acceptable. Therefore, an employee who does not habc a