Employers must gather documents that establish the employee's identity and authorization to work in the United States to complete Form I-9 verification. Acceptable documents include a U.S. passport, permanent resident card, or a combination of a state-issued driver's license and Social Security card. Employers should review the employee's original documents in person and retain the completed Form I-9 for inspection.
What Documents Does an Employer Need to Complete Form I-9 Verification?
| Number | Name | Description |
|---|---|---|
| 1 | U.S. Passport or U.S. Passport Card | Employers must accept a U.S. Passport or U.S. Passport Card as valid List A documents to establish both identity and employment authorization when completing Form I-9. These documents prove U.S. citizenship and satisfy the verification requirements without needing additional documentation. |
| 2 | Permanent Resident Card (Form I-551) | Employers must verify Form I-9 eligibility using the Permanent Resident Card (Form I-551) as a primary document, which proves an employee's lawful permanent resident status in the United States. This card contains critical information including the employee's name, photograph, alien registration number, and expiration date, all essential for accurate identity and employment authorization verification. |
| 3 | Employment Authorization Document (EAD, Form I-766) | Employers must review the Employment Authorization Document (EAD, Form I-766) to verify an employee's identity and work authorization during Form I-9 verification, ensuring the document is unexpired and corresponds to the employee. This document serves as both proof of identity and employment eligibility under U.S. immigration law, making it critical for compliance with I-9 requirements. |
| 4 | Foreign passport with Form I-94 or Form I-94A | Employers must verify an employee's identity and employment authorization by reviewing a foreign passport accompanied by Form I-94 or Form I-94A, which provides evidence of legal admission into the U.S. The Form I-94 or I-94A must indicate a valid nonimmigrant status and employment authorization corresponding to the employee's visa category. |
| 5 | Driver's License | An employer needs a valid driver's license as one of the acceptable identity documents to complete Form I-9 verification, confirming the employee's identity and work authorization in the United States. The driver's license must be state-issued and contain a photograph or identifying information such as name, date of birth, gender, height, eye color, and address to satisfy the document requirements under List B of Form I-9. |
| 6 | State ID Card | Employers must verify an employee's identity and employment authorization using acceptable documents listed on the Form I-9, including a State ID Card from the employee's state of residence. The State ID Card serves as a valid List B document confirming identity, but employers must also examine an additional List A or List C document to establish employment eligibility. |
| 7 | School ID Card with Photograph | Employers must accept a School ID Card with Photograph as a List A document to establish both identity and employment authorization when completing Form I-9, provided it meets the criteria outlined by the U.S. Citizenship and Immigration Services (USCIS). This document verifies the employee's identity through the photo and is used alongside other acceptable documents if it does not solely establish work authorization. |
| 8 | Voter Registration Card | Employers must review and verify documents listed on the Form I-9's Lists of Acceptable Documents to complete employee verification, with the Voter Registration Card not qualifying as an acceptable document for identity or employment authorization. Acceptable documents include a U.S. passport, Permanent Resident Card, or state-issued driver's license combined with a Social Security card, ensuring compliance with USCIS requirements. |
| 9 | U.S. Military Card or Draft Record | An employer must collect a U.S. Military Card or Draft Record as List A documentation to verify both identity and employment authorization when completing Form I-9. This document serves as primary evidence under the U.S. Citizenship and Immigration Services guidelines for confirming an employee's eligibility to work in the United States. |
| 10 | Military Dependent's ID Card | Employers verifying Form I-9 must accept a Military Dependent's ID Card (Form DD-1173 or DD-1173-1) as a valid List A document to establish both identity and employment authorization. This ID card is issued by the Department of Defense and serves as acceptable proof for dependent family members of active-duty service members, ensuring compliance with U.S. Citizenship and Immigration Services requirements. |
| 11 | U.S. Coast Guard Merchant Mariner Card | Employers must accept the U.S. Coast Guard Merchant Mariner Card as a valid List A document for Form I-9 verification, proving both identity and employment authorization. The card contains a photograph, signature, and expiration date, meeting the requirements mandated by U.S. Citizenship and Immigration Services (USCIS) for I-9 compliance. |
| 12 | Native American Tribal Document | Employers completing Form I-9 verification must accept Native American tribal documents such as tribal membership cards or tribal enrollment certificates as acceptable List A documents to establish both identity and employment authorization. These documents are critical for verifying employment eligibility for individuals affiliated with federally recognized tribes under U.S. immigration law. |
| 13 | Birth Certificate (Original or Certified Copy) | Employers must verify an employee's identity and employment authorization by reviewing original or certified copies of documents listed on the Form I-9, including a birth certificate that is either original or a certified copy issued by a government authority. A valid birth certificate must contain the employee's full name, date of birth, place of birth, and the signature or official seal of the issuing agency to satisfy Form I-9 requirements. |
| 14 | Social Security Card | Employers must verify an employee's identity and employment authorization by completing Form I-9, which includes reviewing documents such as a Social Security Card that proves the employee's authorization to work in the United States. While the Social Security Card alone serves as acceptable proof of employment authorization, it must be presented alongside a valid photo identification document to fulfill federal verification requirements. |
| 15 | Certification of Birth Abroad (Form FS-545, Form DS-1350, or Form FS-240) | Employers completing Form I-9 verification must accept the Certification of Birth Abroad documents, including Form FS-545, Form DS-1350, or Form FS-240, as valid proof of identity and employment authorization. These forms are issued by the U.S. Department of State and confirm the employee's U.S. citizenship and eligibility to work. |
| 16 | U.S. Citizen ID Card (Form I-197) | Employers completing Form I-9 verification must accept the U.S. Citizen ID Card (Form I-197) as a valid List A document that establishes both identity and employment authorization. This card contains a photograph and personal information that meets the Department of Homeland Security's criteria for verifying U.S. citizenship and eligibility to work in the United States. |
| 17 | Identification Card for Use of Resident Citizen in the United States (Form I-179) | Employers completing Form I-9 verification can accept the Identification Card for Use of Resident Citizen in the United States (Form I-179) as a valid List A document, establishing both identity and employment authorization. Form I-179 contains the employee's photo, full name, and immigration status, fulfilling the requirements for lawful presence verification under U.S. Citizenship and Immigration Services (USCIS) guidelines. |
| 18 | Employment Authorization Document issued by DHS | The Employment Authorization Document (EAD) issued by the Department of Homeland Security (DHS) serves as a critical List A document for completing Form I-9, proving both identity and employment authorization for non-citizen employees. Employers must ensure the EAD is unexpired and includes a photograph, name, and other identifying information matching the employee's details on Form I-9 to comply with federal verification requirements. |
| 19 | School Record or Report Card (for minors) | Employers must accept a school record or report card as List C documents to verify employment authorization for minors completing Form I-9. These documents establish identity without providing evidence of work eligibility, requiring a corresponding document from List A or List B to satisfy verification requirements. |
| 20 | Clinic, Doctor, or Hospital Record (for minors) | Employers must obtain a Clinic, Doctor, or Hospital Record as acceptable List C documents to verify the identity and employment authorization of minors when completing Form I-9. This medical record must include the minor's name and a recent date of medical examination to satisfy Form I-9 requirements for minors lacking standard identity documents. |
| 21 | Day-care or Nursery School Record (for minors) | Employers verifying Form I-9 for minors in daycare or nursery schools must obtain documents proving both identity and employment authorization, such as a state-issued ID card or school record alongside a Social Security card or birth certificate. Daycare or nursery school records serve as primary evidence of identity, especially when supplemented with official employment authorization documents to satisfy USCIS requirements. |
Introduction to Form I-9 Verification
Form I-9 Verification is a mandatory process for employers to confirm the identity and employment authorization of new hires in the United States. Employers must review specific documents from the employee, such as a U.S. passport, permanent resident card, or driver's license combined with a Social Security card, to complete this verification. Understanding what documents are acceptable ensures compliance with employment laws and avoids potential penalties for your business.
Purpose and Importance of Form I-9
The Form I-9 verification process ensures that employers confirm the identity and employment authorization of individuals hired for work in the United States. Proper documentation plays a critical role in complying with immigration laws and avoiding legal penalties.
- Form I-9 Purpose - Form I-9 verifies the eligibility of employees to work legally in the U.S., preventing unauthorized employment.
- Required Documents - Employers must review original documents from the List of Acceptable Documents, which include identity and employment authorization evidence.
- Legal Importance - Accurate completion and retention of Form I-9 protects employers from fines and audits by the U.S. Citizenship and Immigration Services (USCIS).
Legal Obligations for Employers
Employers must comply with legal requirements when completing Form I-9 to verify employee eligibility. You need to collect specific documents as proof of identity and employment authorization.
- List A Documents - These establish both identity and employment authorization, such as a U.S. passport or Permanent Resident Card.
- List B Documents - These prove identity only, including a state-issued driver's license or an ID card.
- List C Documents - These verify employment authorization alone, such as a Social Security card or birth certificate.
Step-by-Step Guide to Completing Form I-9
Employers must verify the identity and work authorization of new employees by completing Form I-9. Proper documentation is essential to comply with U.S. employment eligibility laws.
- Employee Provides Documents - Employees must submit original documents from List A, or a combination of List B and List C to establish identity and employment authorization.
- Employer Reviews Documents - Employers examine the provided documents to ensure they appear genuine and relate to the employee.
- Employer Completes Form I-9 - The employer fills out Section 2 of Form I-9 within three business days of the employee's first day of work.
Accurate completion and retention of Form I-9 documents protect employers from legal penalties and help maintain compliance with federal regulations.
Acceptable Documents for Verification
| Acceptable Documents for Form I-9 Verification | Description |
|---|---|
| List A: Documents That Establish Both Identity and Employment Authorization |
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| List B: Documents That Establish Identity |
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| List C: Documents That Establish Employment Authorization |
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| Note for Employers | You must ensure that the documents provided are original and unexpired to complete Form I-9 verification successfully. |
Retention and Storage Requirements
The employer must retain the completed Form I-9 for each employee for three years after the date of hire or one year after termination, whichever is later. Proper storage of these documents is essential to ensure compliance with U.S. Citizenship and Immigration Services regulations.
Employers can store Form I-9 physically or electronically but must guarantee the documents are accessible for inspection by authorized government officials. Secure storage protects sensitive employee information and maintains the integrity of the verification process.
Common Mistakes and How to Avoid Them
What documents does an employer need to complete Form I-9 verification? Employers must obtain specific identity and employment eligibility documents from new hires. Commonly accepted documents include a U.S. passport, Permanent Resident Card, or a combination of a driver's license and Social Security card.
What are common mistakes employers make during Form I-9 verification? Employers often accept expired documents or fail to complete the form within the required timeframe. These errors can lead to compliance violations and penalties from U.S. Citizenship and Immigration Services (USCIS).
How can employers avoid mistakes when verifying Form I-9 documents? Carefully review all documents for authenticity and validity, ensuring they are unexpired and belong to the employee. Maintain organized records and complete the form no later than the employee's first day of work to remain compliant.
Penalties for Noncompliance
Employers must retain specific documents to complete Form I-9 verification, such as a U.S. passport, permanent resident card, or driver's license combined with a Social Security card. These documents confirm an employee's identity and employment authorization as required by U.S. Citizenship and Immigration Services (USCIS).
Failure to comply with Form I-9 requirements can result in significant penalties, including fines ranging from $250 to $2,500 per violation. Severe noncompliance can lead to criminal charges and potential business restrictions imposed by federal authorities.
Updates and Recent Changes to Form I-9
Employers must verify an employee's identity and employment authorization using Form I-9. Recent updates to Form I-9 include changes to acceptable documents and new electronic filing options for employers. Staying informed about these updates ensures compliance with U.S. Citizenship and Immigration Services (USCIS) regulations and avoids penalties.
What Documents Does an Employer Need to Complete Form I-9 Verification? Infographic
