You are hereFrequently Asked Questions / EB-5 Law & Related U.S. Law / [Q] Can US employer ask for documents to prove proper immigration status from employees for EB-5 case w/o violating I-9 or discrimination laws?

[Q] Can US employer ask for documents to prove proper immigration status from employees for EB-5 case w/o violating I-9 or discrimination laws?


Let's see what INA 274B(a)(6) states:

A person's or other entity's request, for purposes of satisfying the requirements of section 274A(b), for more or different documents than are required under such section or refusing to honor documents tendered that on their face reasonably appear to be genuine shall be treated as an unfair immigration-related employment practice if made for the purpose or with the intent of discriminating against an individual in violation of paragraph (1)."

If it can be shown that (a) the employer is requesting documents for a purpose other than satisfying the I-9 requirements of 274A(b), and (b) the request for documents was not made for the purpose or with the intent of discriminating against an individual, then it appears that it would not be an unfair immigration-related employment practice or "document abuse

It seems to me that as long the US employer can show that the USCIS requires this for non-I-9 purpose and non-discrimination purpose, the employer will be insulated from any lawsuits by employees.