Employees are required to provide specific documentation to verify their identity and their legal authorization to work in the U.S. This is essential for compliance with employment and immigration laws.
Form I-9 Acceptable Documents are grouped into three categories for this purpose:
- List A: Documents that verify both identity and employment authorization.
- List B: Documents that verify identity only.
- List C: Documents that verify employment authorization.
List A Documents
These documents verify both identity and employment authorization. Acceptable List A documents include:
- U.S. Passport or U.S. Passport Card
- Permanent Resident Card or Alien Registration Receipt Card
- Foreign passport with a temporary I-551 stamp or a machine-readable immigrant visa with a temporary I-551 notation
- Employment Authorization Document with a photograph
- Foreign passport with Form I-94 or I-94A indicating authorization to work
- Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI), along with Form I-94 or I-94A reflecting nonimmigrant admission under the Compact of Free Association
Acceptable Receipts for List A:
- Receipt for a replacement of a lost, stolen, or damaged List A document
- Form I-94 issued to a lawful permanent resident with an I-551 stamp and photograph
- Form I-94 with “RE” or a refugee stamp provided to a refugee
List B Documents
List B documents verify identity only. When using a List B document, a List C document must also be provided for Section 2. Acceptable List B documents (must be unexpired) include:
- Driver’s license or ID card from a U.S. state or territory, including a photograph or details like name, date of birth, gender, height, eye color, and address
- ID card issued by federal, state, or local government agencies, including a photograph or similar identifying details
- School ID card with a photograph
- Voter registration card
- U.S. Military card or draft record
- Military dependent’s ID card
- U.S. Coast Guard Merchant Mariner Card
- Native American tribal document
- Driver’s license issued by a Canadian authority
For individuals under 18 who cannot present one of the above, the following are acceptable:
- School record or report card
- Clinic, doctor, or hospital record
- Daycare or nursery school record
Acceptable Receipts for List B:
- A receipt for a replacement of a lost, stolen, or damaged List B document may be used temporarily.
List C Documents
These documents confirm employment authorization. When providing a List C document, a List B document is also required to establish identity for Section 2. Acceptable List C documents include:
- U.S. Social Security Card
- Certification of Report of Birth from the Department of State
- Original or certified birth certificate from a U.S. state, county, municipality, or territory with an official seal
- Native American tribal document
- U.S. Citizen ID Card
- Identification Card for Resident Citizens of the United States
- Employment Authorization Document issued by the Department of Homeland Security
Acceptable Receipts for List C:
- A receipt for a replacement of a lost, stolen, or damaged List C document may be used temporarily.
Examining Documents
When completing Section 2 of Form I-9, employers must review the documents provided by employees. Although you don’t need to be a document expert, you should accept documents that appear genuine and related to the person presenting them. If a document does not appear to meet these criteria, you should request alternative documents that meet Form I-9 requirements.
If an employee:
- Presents a document that appears genuine and is listed as acceptable: Accept the document.
- Provides a document that does not seem genuine or applicable: Reject it and request other suitable documents.
- Note: Employers are expected to use a standard of reasonableness, not specialized expertise.
- Has multiple last names in Section 1 but presents a document with only one name. Ask for an explanation of the discrepancy. If the document seems genuine, accept it and attach a memo explaining the difference.
- Provides a document with a slight spelling difference from the name in Section 1: Inquire about the variation. If the document appears genuine, accept it, but ask the employee to correct the form or provide a different document with the correct spelling.
- Offers a document where the name is significantly different from Section 1: Ask about the name change. If the employee asserts that the name in Section 1 is their legal name and the document reasonably matches, accept it and attach a memo explaining the discrepancy. If proof of a name change is provided, retain it along with the memo.
- Presents a document that does not appear genuine or related or cannot present acceptable documentation: Employment may be terminated.
These guidelines apply exclusively to newly hired employees.
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