To ensure I-9 form compliance, employers must collect specific documents from employees that verify their identity and employment authorization. Acceptable documents are divided into three lists: List A, which includes documents proving both identity and employment eligibility, such as a U.S. passport or permanent resident card; List B, which establishes identity only, like a driver's license; and List C, which confirms employment authorization, such as a Social Security card. Employers must review original documents in the employee's presence and retain the completed I-9 form for verification and potential audits.
What Documents Are Needed for I-9 Form Compliance?
| Number | Name | Description |
|---|---|---|
| 1 | U.S. Passport | A U.S. Passport serves as a List A document for I-9 form compliance, providing proof of both identity and employment authorization. Employers must verify the passport's validity and ensure it is unexpired to meet U.S. Citizenship and Immigration Services (USCIS) requirements. |
| 2 | U.S. Passport Card | The U.S. Passport Card serves as a valid List A document for I-9 form compliance, verifying both identity and employment authorization for employees in the United States. Employers must ensure the document is unexpired to meet the Department of Homeland Security requirements during the I-9 verification process. |
| 3 | Permanent Resident Card (Form I-551) | The Permanent Resident Card (Form I-551) serves as a key document for I-9 form compliance, providing proof of an employee's authorization to work in the United States. Employers must verify the authenticity of the Form I-551 to ensure the individual is legally authorized to be employed under U.S. immigration regulations. |
| 4 | Employment Authorization Document (EAD, Form I-766) | Employment Authorization Document (EAD, Form I-766) serves as a critical List A document for I-9 form compliance, proving both identity and employment eligibility for employees legally authorized to work in the U.S. Employers must verify the EAD's authenticity, expiration date, and ensure it matches the employee's information to meet Department of Homeland Security (DHS) requirements and avoid penalties. |
| 5 | Foreign Passport with I-551 Stamp or MRIV | A Foreign Passport with an I-551 Stamp or Machine-Readable Immigrant Visa (MRIV) serves as acceptable documentation for I-9 form compliance, proving both identity and employment authorization. Employers must verify that these documents are unexpired and match the employee's information to meet USCIS regulations. |
| 6 | Form I-94 with Refugee Status | The Form I-94 with Refugee Status serves as a critical document for I-9 form compliance, verifying both identity and employment authorization for individuals granted refugee status in the United States. Employers must ensure that the Form I-94 displays the refugee designation to legitimize employment eligibility under the USCIS guidelines. |
| 7 | State-Issued Driver’s License | A valid state-issued driver's license serves as a primary identification document for I-9 form compliance, establishing both identity and employment authorization when presented with a Social Security card or birth certificate. Employers must ensure the driver's license is unexpired and issued by the state where the employee claims residency to meet Department of Homeland Security requirements. |
| 8 | State-Issued ID Card | State-issued ID cards, such as driver's licenses or non-driver identification cards, serve as primary documents for I-9 form compliance by verifying an employee's identity. These IDs must be current and issued by the employee's state of residence, containing a photograph and personal information to satisfy Form I-9 requirements. |
| 9 | School ID Card with Photograph | A School ID Card with Photograph qualifies as a List B document for I-9 form compliance, verifying the employee's identity but not employment authorization. Employers must also collect a List C document, such as a Social Security card, to complete the I-9 verification process. |
| 10 | Voter Registration Card | A Voter Registration Card serves as a valid List B document for I-9 form compliance, verifying an employee's identity without proving employment authorization. Employers must pair it with an acceptable List C document, such as a Social Security card, to complete the I-9 verification process. |
| 11 | U.S. Military Card | A U.S. Military Card, including the Common Access Card (CAC), serves as an acceptable List A document for I-9 form compliance, verifying both identity and employment authorization. Employers must ensure the card is unexpired and authentic to meet federal requirements during the I-9 verification process. |
| 12 | Military Dependent’s ID Card | Military Dependent's ID Cards are classified under List A documents for I-9 form compliance, serving as proof of both identity and employment authorization. Employers must verify the ID card's validity and ensure it matches the employee's information to fulfill the I-9 verification requirements. |
| 13 | Native American Tribal Document | Native American Tribal Documents accepted for I-9 Form compliance include tribal enrollment cards and certificates of Indian blood, which serve as proof of identity and employment authorization. Employers must verify these documents alongside other acceptable List A, B, or C documents to ensure compliance with federal employment eligibility verification requirements. |
| 14 | U.S. Social Security Card | A U.S. Social Security Card is a critical Document List C form used to verify employment authorization and identity for I-9 compliance. Employers must ensure the card is original, unexpired, and matches the employee's name to prevent employment eligibility verification issues. |
| 15 | Birth Certificate (original or certified copy) | The I-9 form requires employees to present documents that verify identity and employment authorization, with an original or certified copy of a birth certificate serving as a valid List C document to establish identity. Employers must ensure the birth certificate meets Department of Homeland Security standards for authenticity and includes essential details such as the employee's full name and date of birth. |
| 16 | Certification of Birth Abroad (Form FS-545 or DS-1350) | The Certification of Birth Abroad (Form FS-545 or DS-1350) serves as a primary document for I-9 employment verification, confirming U.S. citizenship through evidence of birth outside the United States. Employers must accept these documents to satisfy Section 2 of the Form I-9, establishing the employee's identity and employment eligibility. |
| 17 | U.S. Citizen ID Card (Form I-197) | The U.S. Citizen ID Card (Form I-197) is an acceptable List A document for I-9 Form compliance, verifying both identity and employment authorization of U.S. citizens. Employers must ensure the card is unexpired and authentic to meet federal employment verification requirements under the Immigration Reform and Control Act (IRCA). |
| 18 | Identification Card for Use of Resident Citizen in the U.S. (Form I-179) | The Identification Card for Use of Resident Citizen in the U.S. (Form I-179) serves as a valid List A document for Form I-9 compliance, verifying both identity and employment authorization for U.S. citizens. Employers must ensure this document is unexpired and genuine to meet U.S. Citizenship and Immigration Services (USCIS) standards during the I-9 employment eligibility verification process. |
| 19 | Employment Authorization Document issued by DHS (other than EAD Card) | Employment Authorization Documents (EADs) issued by the Department of Homeland Security (DHS), including Form I-766, are essential for I-9 form compliance as they verify a worker's legal right to work in the United States. Other acceptable DHS-issued documents for I-9 verification include foreign passports with Form I-94 or Form I-94A bearing an endorsement of employment authorization. |
| 20 | School Record (for minors) | School records serve as acceptable List C documents for I-9 form compliance when verifying the identity of minors employed, confirming their enrollment and age eligibility. These records must be original or certified copies to meet the Department of Homeland Security's standards for employment verification. |
| 21 | Report Card (for minors) | For I-9 form compliance, minors may use a school report card as an acceptable List C document to establish employment authorization. This report card must be an original document issued by a school or school district and contain the student's name, the school's name, and the issuing authority's signature or official seal. |
| 22 | Clinic or Hospital Record (for minors) | Clinic or hospital records for minors serve as acceptable List B documents for I-9 form compliance, verifying identity when accompanied by appropriate List C documents proving employment authorization. These medical records must clearly include the minor's name and date of birth to fulfill the Form I-9 identity verification requirements. |
| 23 | Daycare or Nursery Record (for minors) | For I-9 form compliance in daycare or nursery settings involving minors, employers must review documents that establish the child's identity and employment authorization, such as a state-issued identification card, school ID with a photograph, or a birth certificate accompanied by proof of authorization to work. Acceptable documents listed under List A, or a combination of List B and List C documents specified by USCIS, ensure compliance while safeguarding child labor laws and immigration regulations. |
Introduction to I-9 Form Compliance
The I-9 form is a mandatory Employment Eligibility Verification document required by the United States Citizenship and Immigration Services (USCIS). It ensures that employers verify the identity and employment authorization of individuals hired for work in the United States. Proper compliance with the I-9 form process requires specific documentation to confirm eligibility to work.
Purpose of the I-9 Form in Employment
The I-9 form is essential for verifying the identity and employment authorization of individuals hired for work in the United States. Employers must complete this form to ensure compliance with federal immigration laws.
- Purpose of the I-9 Form - Confirms that new employees are legally eligible to work in the U.S.
- Required Documentation - Employees must present valid documents proving identity and employment authorization.
- Employer Responsibility - Employers are responsible for reviewing and retaining the I-9 form for all employees.
You must provide acceptable documents to complete the I-9 form accurately and avoid legal issues.
Employees Covered by I-9 Requirements
Employees covered by I-9 requirements must present documentation that verifies their identity and employment authorization. Acceptable documents are divided into List A, or a combination of List B and List C, as specified by the U.S. Citizenship and Immigration Services (USCIS). Employers must examine original documents, such as a U.S. passport, Permanent Resident Card, or a driver's license paired with a Social Security card, to complete the I-9 form accurately.
Timeline for Completing the I-9 Form
Employers must complete the I-9 form for each new employee to verify their identity and employment authorization. The form requires specific documents that establish both identity and eligibility to work in the United States.
The employee must present acceptable documents within three business days of their hire date. Employers are required to review these documents and complete the I-9 form within this same timeline to maintain compliance.
Acceptable Documents for I-9 Verification
The I-9 form requires employees to present specific documents to verify their identity and employment authorization in the United States. Acceptable documents are divided into three lists: List A, List B, and List C.
List A documents establish both identity and employment authorization, including a U.S. passport or a Permanent Resident Card. List B documents prove identity, such as a driver's license or state ID, while List C documents prove employment authorization, like a Social Security card.
Step-by-Step Guide to I-9 Form Completion
What documents are required for I-9 form compliance? Employers must verify identity and employment authorization using acceptable documents. These documents fall into three categories: List A, List B, and List C.
How do you complete the I-9 form step-by-step? First, complete Section 1 on the first day of employment by providing personal information and attesting to your employment eligibility. Next, the employer must review original documents from Lists A, B, or C within three business days.
Which documents can be presented from List A for I-9 verification? List A documents establish both identity and employment authorization, such as a U.S. passport or Permanent Resident Card. Presenting one List A document satisfies the employment eligibility verification.
What documents are acceptable from List B? List B documents prove identity only, such as a driver's license or state ID card. If a List B document is presented, a List C document proving work authorization must also be provided.
Which documents qualify under List C for employment eligibility? List C includes documents like a Social Security card or a birth certificate that verify employment authorization. These must be original to satisfy the I-9 requirements.
How should employers handle the document review process? Employers must physically examine each document to ensure it appears genuine and relates to the employee. Photocopies are generally not acceptable except in specific remote hire cases.
When is the I-9 form due for submission? The form must be completed within three business days of the employee's first day of employment. Timely compliance helps avoid penalties related to verification errors.
What are the consequences of improper I-9 form completion? Incomplete or incorrect forms can lead to fines and legal consequences for employers. Maintaining accurate records and following the step-by-step process ensures compliance with U.S. Citizenship and Immigration Services.
Employer Responsibilities in I-9 Compliance
Employers must verify new employees' identity and employment authorization through the I-9 form process. Proper document handling and record-keeping ensure compliance with federal regulations.
- Review Original Documents - Employers are required to physically examine valid, unexpired documents presented by the employee to confirm identity and employment eligibility.
- Complete Section 2 Timely - Employers must fill out Section 2 of the I-9 form within three business days of the employee's first day of work.
- Retain I-9 Forms - Employers are responsible for retaining completed I-9 forms for either three years after the hire date or one year after employment termination, whichever is later.
Common Mistakes and How to Avoid Them
Employers must verify the identity and employment authorization of new hires using the I-9 form. Proper documentation is essential to ensure compliance with U.S. Citizenship and Immigration Services (USCIS) regulations.
Common mistakes include accepting expired documents, incomplete forms, and failing to physically examine original documents. Employers should use only documents listed on the USCIS I-9 Lists of Acceptable Documents and verify them carefully. Training HR personnel on proper verification procedures reduces errors and potential penalties.
Consequences of Non-Compliance
Ensuring proper documentation for I-9 form compliance is critical to avoid severe penalties. Failure to comply can result in legal and financial consequences for your business.
- Fines and Penalties - Employers face substantial monetary fines for missing or incorrect I-9 documentation.
- Legal Liability - Non-compliance can lead to lawsuits and investigations by the Department of Homeland Security.
- Operational Disruptions - Enforcement actions may cause work stoppages and damage to business reputation.
What Documents Are Needed for I-9 Form Compliance? Infographic
