Employers must obtain specific documents from employees to complete the I-9 authorization, including proof of identity and employment eligibility. Acceptable documents commonly include a U.S. passport, Permanent Resident Card, or a combination of a state-issued driver's license and Social Security card. These documents verify the employee's authorization to work in the United States and must be reviewed and retained by the employer according to federal guidelines.
What Documents Does an Employer Need for I-9 Authorization?
| Number | Name | Description |
|---|---|---|
| 1 | E-Verify Photo Matching | Employers must collect documents from List A, List B, or List C of the Form I-9 to verify an employee's identity and employment authorization, with E-Verify emphasizing photo matching using government-issued IDs such as a U.S. passport or state driver's license. Accurate photo matching in E-Verify enhances the verification process by confirming that the document's photo corresponds to the employee's physical appearance, reducing the risk of fraud. |
| 2 | List B Remote Document Examination | For I-9 authorization through List B Remote Document Examination, employers need to verify identity documents such as a state-issued driver's license, ID card, or school ID containing a photograph. These documents must be examined via secure, compliant remote methods to ensure authenticity and meet Department of Homeland Security (DHS) standards. |
| 3 | Receipt Rule Compliance | Employers must retain a valid Form I-9 along with supporting documents such as a passport, permanent resident card, or employment authorization document to verify identity and work eligibility, ensuring compliance with the Receipt Rule that permits the acceptance of certain receipts for lost, stolen, or damaged documents during the employment authorization process. Strict adherence to the Receipt Rule requires employers to obtain the actual authorized document within 90 days of hire to maintain proper I-9 authorization and avoid penalties. |
| 4 | List C Employment Authorization Extensions | Employers must accept List C documents such as Employment Authorization Document (Form I-766) with a valid extension for temporary work authorization when completing Form I-9. These extensions indicate continued eligibility to work in the United States while the employee's employment authorization application is pending or being renewed. |
| 5 | Form I-797C Notice Integration | Employers need Form I-797C Notice as a receipt or notice of action issued by USCIS, which serves as temporary evidence of work authorization or status update during the I-9 verification process. This form supports employees who have pending applications or changes in immigration status and is critical for complying with employment eligibility verification requirements. |
| 6 | TPS Documentation Recognition | Employers must review valid Temporary Protected Status (TPS) documentation listed on the I-9 form's List A, such as an Employment Authorization Document (EAD) with TPS notation, to verify both identity and employment authorization. Accepting TPS-related documents ensures compliance with U.S. Citizenship and Immigration Services (USCIS) requirements for lawful employment verification. |
| 7 | Limited-Term Resident Card Usage | Employers require a valid Limited-Term Resident Card (Form I-551) as an acceptable document to verify both identity and employment authorization on the Form I-9. This card must be current and contain a photograph, expiration date, and resident alien status to meet USCIS guidelines during the employment eligibility verification process. |
| 8 | List A Digital Document Submissions | Employers need to collect List A documents that establish both identity and employment authorization, which can be submitted digitally for I-9 verification under the E-Verify program. Acceptable digital submissions include unexpired U.S. passports, permanent resident cards, and employment authorization documents that comply with USCIS guidelines for remote or electronic verification. |
| 9 | USCIS Auto-Extension Notices | Employers require documents that establish identity and employment authorization for I-9 verification, including USCIS Auto-Extension Notices that temporarily extend the validity of Employment Authorization Documents (EADs). These auto-extensions allow employees to continue working lawfully while their renewal applications are pending, ensuring compliance with USCIS guidelines during the authorization process. |
| 10 | List B Virtual Inspection Pilot | Employers participating in the List B Virtual Inspection Pilot for I-9 authorization must accept unexpired documents that establish identity, such as a state-issued driver's license or ID card, and complete the remote inspection process per USCIS guidelines. These documents must be verified through a virtual review before the employee presents the original documents in person within three business days. |
Introduction to I-9 Authorization and Employer Compliance
The I-9 form is a critical document used by employers to verify the identity and employment authorization of individuals hired in the United States. Employers must ensure proper completion and retention of the form to maintain compliance with federal regulations.
To meet I-9 authorization requirements, employers need specific documents that establish both identity and employment eligibility. Acceptable documents include a U.S. passport, permanent resident card, or a combination of a driver's license and social security card.
Legal Foundations: Understanding the I-9 Form
The I-9 form is a legal requirement designed to verify the identity and employment authorization of individuals hired in the United States. Understanding its legal foundations ensures compliance with federal regulations and avoids penalties.
- Employee Identification Documents - Employers must collect valid identification such as a passport or driver's license to confirm the employee's identity.
- Employment Authorization Evidence - Documents like a Social Security card or work permit demonstrate the employee's legal right to work in the U.S.
- Retention and Inspection Requirements - Employers are required to retain completed I-9 forms and make them available for government inspection upon request.
Key Employer Responsibilities for I-9 Completion
Employers must ensure proper documentation for I-9 authorization to verify the identity and employment eligibility of new hires. Accurate completion of the I-9 form is a critical compliance responsibility to avoid legal penalties.
- Review Appropriate Documents - Accept only valid documentation from List A or a combination of List B and List C as specified by USCIS guidelines.
- Complete Form I-9 Promptly - Fill out the form within three business days of the employee's first day of work for pay.
- Retain I-9 Forms Securely - Store completed forms for at least three years after the date of hire or one year after employment ends, whichever is later.
Your responsibility includes regularly updating your knowledge of acceptable documents and maintaining strict adherence to the I-9 verification process.
Acceptable Documents for I-9 Verification
Employers must review specific documents to complete the I-9 verification process, ensuring the employee's identity and employment authorization. Acceptable documents are divided into List A, which establish both identity and employment authorization, and Lists B and C, which together confirm identity and employment eligibility separately. You must retain copies of these documents, such as a U.S. passport, driver's license with Social Security card, or a permanent resident card, to comply with federal regulations.
Timing and Deadlines for I-9 Documentation
Employers must complete the Form I-9 to verify an employee's identity and employment authorization. The form requires documentation from a list of acceptable documents, which employees must present.
New hires must provide acceptable I-9 documents no later than the first day of employment. Employers are required to complete Section 2 of the form within three business days of the employee's start date.
Handling Remote Hires and I-9 Requirements
Employers must verify the identity and employment authorization of remote hires using Form I-9. Proper document handling ensures compliance with federal regulations during the remote onboarding process.
- Valid List A Document Required - Remote employees must present a valid List A document such as a U.S. passport or permanent resident card to establish identity and employment authorization.
- Acceptable List B and List C Documents - Alternatively, employees can provide one document from List B (identity) and one from List C (employment authorization), like a driver's license and Social Security card.
- Remote Document Inspection Procedures - Employers can inspect employee documents remotely via video, email, or fax but must physically inspect the actual documents within three business days.
Retention and Storage of I-9 Forms
| Document Type | Purpose | Retention Period | Storage Requirements |
|---|---|---|---|
| Form I-9 | Verify Employment Eligibility | Retain for either 3 years after the date of hire or 1 year after employment ends, whichever is later. | Secure physical or electronic storage with restricted access to protect sensitive information. |
| Supporting Identification Documents | Establish Identity and Employment Authorization | Retained with the corresponding Form I-9 for the same duration. | Stored securely alongside Form I-9 to ensure easy retrieval during audits or inspections. |
| Reverification Documents (if applicable) | Confirm Continued Employment Authorization | Retain with the original Form I-9 until the retention period expires. | Maintain updated copies securely with primary I-9 files to comply with regulation. |
Your responsibility includes maintaining accurate I-9 documentation within the required retention timeframe and ensuring secure storage to comply with U.S. Citizenship and Immigration Services (USCIS) regulations.
Common Employer Mistakes and Penalties
Employers must retain valid documents that verify an employee's identity and employment authorization for the I-9 form, such as a U.S. passport, permanent resident card, or driver's license combined with a Social Security card. Common employer mistakes include accepting expired documents, not completing the form on time, or failing to physically inspect original documents. Penalties for I-9 violations can range from fines of hundreds to thousands of dollars per form and even criminal prosecution for knowingly hiring unauthorized workers.
E-Verify Integration and Best Practices
What documents does an employer need for I-9 authorization when integrating E-Verify? Employers must collect valid identity and employment eligibility documents from the Lists of Acceptable Documents (List A, or List B and List C) to complete Form I-9. E-Verify requires accurate input of these documents to electronically verify a new hire's employment eligibility in the federal database.
How does E-Verify integration influence the document verification process for I-9 forms? E-Verify automates the verification by cross-checking the information from I-9 documents against government records, reducing the risk of errors and fraud. Employers should follow best practices such as promptly entering data, ensuring document authenticity, and securely storing I-9 forms to maintain compliance.
What Documents Does an Employer Need for I-9 Authorization? Infographic
