is it legal to ask for Alien registration number in job application?

[Transborderwife 4,666]

Just now, Will_and_Tu said:

Probably.

 

But if you also distrust a potential employer to the degree that you aren't even comfortable filling out their applications, I'd reevaluate the act of applying altogether. And if you do enter something like that to get past a mandatory field, chances are it's going to result in your application being discarded during the initial review, in which case you (again) might as well just skip applying to that institution in the first place.

From my experience between Canada and the USA Americans are incredibly protective of their SSN.  Once it's out there, it's out there.  I've even heard of spouses not sharing their SSN. 

[Tracy-->NY 40]

I know this information was required when I offered the position but never on an application, with me signing a form giving them permission to run it.

[IcezMan_IcezLady 582]

A # is using used to check your immigration status.

There's nothing illegal about it. Actually, if an employer hires an illegal immigrant and is caught, they get fined.

So if the employer wants to be safe by asking for the information to verify first, that's within their right.

 

You have right to not disclose it and they have right to not hire you.

You can ask the employer why they need that information.

[Brit1 54]

7 minutes ago, IcezMan_IcezLady said:

A # is using used to check your immigration status.

There's nothing illegal about it. Actually, if an employer hires an illegal immigrant and is caught, they get fined.

So if the employer wants to be safe by asking for the information to verify first, that's within their right.

 

You have right to not disclose it and they have right to not hire you.

You can ask the employer why they need that information.

This is incorrect. The I-9 form specifically states that the employee must(!!) not provide the A# information, or information about their citizenship or otherwise until offer of employment has been made. This is to prevent discrimination between different types of work authorized people. 

 

https://www.uscis.gov/system/files_force/files/form/i-9-paper-version.pdf?download=1

 

You are mixing this up with an employer's need to verify work authorization *after* having made an offer of employment. Of course, it is appropriate to request information for this process (through the I-9 form).

[IcezMan_IcezLady 582]

 

The only time I have been asked  for that number other than during an immigration process was when I tried to sign up for Obamacare.

Call the company and find out why they need that information and if they will be willing to accept alternatives.

Since apparently, they cannot ask for that information.

[Patient 57]

6 hours ago, DrEllaNJ said:

hi all, I'm working on a job application through an online system for a big employer. The standard form asks whether the applicant is eligible to work in the US, which I've seen countless times before. Then it also asks for A-registration number. I have a GC so I have this number, but I feel uncomfortable giving it out. Is it even legal to ask for this information? Mind you, it's just an application, I haven't even gotten an interview yet.

I don't want to have my app rejected outright, but I'm also reluctant to give out such personal numbers that go to who knows what people. You'd never see an application that asks for your SSN, either. Thoughts?

Call them, eligibility to work in the USA is a key requirement especially after the 20th ..... a good HR manager will understand 

[geowrian 22,337]

Asking for an SSN is pretty common on applications nowadays. It is a legal practice (https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/socialsecuritynumber.aspx). I'm *guessing* the same goes for an alien registration number. You don't have to provide it until further along in the process, but an employer doesn't have to consider your application without it either. They are NOT permitted to check your status before an employment offer, but are free (and in some areas required) to do so before hiring you. These numbers can also be used to run credit checks, which are permitted and not uncommon anymore either.

 

You can try to call them and work through it with a real person on the phone. But nothing I've read here is illegal. I know you don't want your number out there to who-knows-who. I don't want mine that way either. But assuming that risk is just a part of the current working environment. Personally, I'd like to see that change (along with removing credit checks since they aren't effective), but what i want doesn't dictate what others must do.

[Avery Cates 1,141]

8 hours ago, DrEllaNJ said:

hi all, I'm working on a job application through an online system for a big employer. The standard form asks whether the applicant is eligible to work in the US, which I've seen countless times before. Then it also asks for A-registration number. I have a GC so I have this number, but I feel uncomfortable giving it out. Is it even legal to ask for this information? Mind you, it's just an application, I haven't even gotten an interview yet.

I don't want to have my app rejected outright, but I'm also reluctant to give out such personal numbers that go to who knows what people. You'd never see an application that asks for your SSN, either. Thoughts?

 

Employers are required to have an I-9 on file, which would ask if you're an alien authorized to work and require either your Alien Registration number, Form I-94 Admission number, or Foreign Passport number. 

 

They ask for it to determine if you're even eligible to work in the country before they waste time and resources on the interview process.

[Brit1 54]

34 minutes ago, Avery Cates said:

 

Employers are required to have an I-9 on file, which would ask if you're an alien authorized to work and require either your Alien Registration number, Form I-94 Admission number, or Foreign Passport number. 

 

They ask for it to determine if you're even eligible to work in the country before they waste time and resources on the interview process.

I'm not sure how many times I have to write the same thing, but again this is incorrect. An I-9 is required to be on file for employees, sure, but again you are not required to fill in an I-9 form until you are offered employment. An employer is not permitted to verify your employment status until you fill in an I-9 form which, again, you are not required to do (in fact, not permitted to do, according to the form instructions) until offered a job.

[mallafri76 1,012]

Part of my job is recruitment. We ask for proof of eligibility to work in the US, so we don't waste time and resources on people who are not even allowed to work here. But that's at the offer phase. At the interview, we just ask if people are eligible to work in the US. During the actual application phase, we don't ask for any of that. 

 

The information is kept confidential and only people with a need to see the information will see it, e.g the people who will run e-verify and who will file the paperwork. I mean it's HR we're talking about, they have access to a lot more personal data than someone's alien number. 

Edited January 29, 2017 by mallafri76

[Suss&Camm 2,213]

Here are some Q&A from the USCIS website regarding employee rights and i-9.

How far in advance can the Form I-9 be completed?Expand

Form I-9 may be completed as soon as the employer has offered the individual a job and the individual has accepted the offer. Each newly hired employee must complete and sign Section 1 of Form I-9 no later than his or her first day of employment.

If an employee writes down an Alien Number or Admission Number when completing Section 1 of Form I-9, may I ask to see a document with that number?Expand

No. Although it is your responsibility as an employer to ensure that your employees fully complete Section 1 by the time employment begins, the employee is not required to present a document to complete this section. When you complete Section 2, you may not ask to see a document with the employee?s Alien Number or Admission Number or otherwise specify which document(s) an employee may present. To do so may violate the anti-discrimination provision of the INA.

Can I avoid reverifying an employee on Form I-9 by not hiring persons whose employment authorization has an expiration date?Expand

No. You cannot refuse to hire persons solely because their employment authorization is temporary. The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted. In addition, consideration of a future employment authorization expiration date in determining whether an individual is qualified for a particular job may be an unfair immigration-related employment practice in violation of the anti-discrimination provision of the INA.

 

https://www.uscis.gov/i-9-central/questions-and-answers

[jakartausa 28]

You will only have to reveal your A# once you have been offered the job and you will supply them the originals for them to copy of: your  GC (Green Card), Passport and/or drivers license and SSN.; They will have you fill out an I-9 and then they will photocopy these docs then give them immediately back to you This is common and if you get to this point you should be happy they are requesting this stuff as it means you have a job. 

[jakartausa 28]

 

On 2/2/2017 at 4:10 PM, Suss&Camm said:

Here are some Q&A from the USCIS website regarding employee rights and i-9.

How far in advance can the Form I-9 be completed?Expand

Form I-9 may be completed as soon as the employer has offered the individual a job and the individual has accepted the offer. Each newly hired employee must complete and sign Section 1 of Form I-9 no later than his or her first day of employment.

If an employee writes down an Alien Number or Admission Number when completing Section 1 of Form I-9, may I ask to see a document with that number?Expand

No. Although it is your responsibility as an employer to ensure that your employees fully complete Section 1 by the time employment begins, the employee is not required to present a document to complete this section. When you complete Section 2, you may not ask to see a document with the employee?s Alien Number or Admission Number or otherwise specify which document(s) an employee may present. To do so may violate the anti-discrimination provision of the INA.

Can I avoid reverifying an employee on Form I-9 by not hiring persons whose employment authorization has an expiration date?Expand

No. You cannot refuse to hire persons solely because their employment authorization is temporary. The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted. In addition, consideration of a future employment authorization expiration date in determining whether an individual is qualified for a particular job may be an unfair immigration-related employment practice in violation of the anti-discrimination provision of the INA.

 

https://www.uscis.gov/i-9-central/questions-and-answers

Regarding your second part- The rules may say that however given that you (they) were just offered a job I would suggest handing over any documents you have to establish your identity and employ ability. If its a credible employer no harm will come from revealing your GC (A#), SSN and drivers license etc. I would not suggest under any circumstances giving your new employer any resistance or showing any avoidance in handing over these documents. Just a word to the wise. 

[Suss&Camm 2,213]

1 hour ago, jakartausa said:

 

Regarding your second part- The rules may say that however given that you (they) were just offered a job I would suggest handing over any documents you have to establish your identity and employ ability. If its a credible employer no harm will come from revealing your GC (A#), SSN and drivers license etc. I would not suggest under any circumstances giving your new employer any resistance or showing any avoidance in handing over these documents. Just a word to the wise. 

 

The point of the law is that the employee is allowed to choose which document they want to present, they can write their A-number on the form (in which case the employer can run that number through USCIS anyhow to match the name and status) but they are not allowed to specify which document the employee should present. That's all. They still get all the info they need to run their check so there is no point in requiring the specific document.

An employer that doesn't know the law to begin with I'd be hesitant to even work for - if they then (at this point an offer has been given) proceed to give the future employee trouble and don't accept the law, withdrawing a job offer during those circumstances is illegal and can really get them in trouble, further, I would not want such an employer since that doesn't indicate good things for the future and how they handle employees and their rights. 

The OP however (although I'm sure they have already solved this since the thread is from January) was asked

for the A-number already at the application screening stage, which I find very very odd...

 

If someone is ready to be treated like junk in the workplace I suggest doing as you say. There are enough employers out their that don't break the laws. There's no need to promote the ones that do.

Edited July 29, 2017 by Suss&Camm

[Lemonslice 4,830]

2 minutes ago, Suss&Camm said:

 

The point of the law is that the employee is allowed to choose which document they want to present, they can write their A-number on the form (in which case the employer can run that number through USCIS anyhow to match the name and status) but they are not allowed to specify which document the employee should present. That's all. They still get all the info they need to run their check so there is no point in requiring the specific document.

An employer that doesn't know the law to begin with I'd be hesitant to even work for - if they then (at this point an offer has been given) proceed to give the future employee trouble and don't accept the law, withdrawing a job offer during those circumstances is illegal and can really get them in trouble, further, I would not want such an employer since that doesn't indicate good things for the future and how they handle employees and their rights. T

he OP however (although I'm sure they have already solved this since the thread is from January) was asked for the A-number already at the application screening stage, which I find very very odd...

 

If someone is ready to be treated like junk in the workplace I suggest doing as you say. There are enough employers out their that don't break the laws. There's no need to promote the ones that do.

Exactly, if you can't stand up for yourself and fill a form the way you want... Going to be a joyful work place for sure.