Employers must obtain documents that establish both the employee's identity and authorization to work in the United States for Form I-9 verification. Acceptable documents include a U.S. passport or permanent resident card, a combination of a driver's license and Social Security card, or other documents listed on the Form I-9 List of Acceptable Documents. Properly completing and retaining these documents helps ensure compliance with federal employment eligibility verification requirements.
What Documents Does an Employer Need for Form I-9 Verification?
| Number | Name | Description |
|---|---|---|
| 1 | E-Verify Photo Matching | Employers must collect documents that establish both identity and employment authorization for Form I-9 verification, such as a U.S. passport or a combination of a driver's license and Social Security card, to comply with E-Verify photo matching requirements. E-Verify enhances Form I-9 verification by electronically comparing the employee's photo from their document to the photo on government records, ensuring accuracy in identity confirmation. |
| 2 | List A Onboarding Documents | Employers must accept List A documents for Form I-9 verification, which establish both identity and employment authorization, such as a U.S. passport, permanent resident card (Form I-551), or employment authorization document (Form I-766). These documents are critical for compliance with U.S. Citizenship and Immigration Services (USCIS) regulations to verify a new hire's eligibility to work legally in the United States. |
| 3 | Remote I-9 Verification | Employers must obtain acceptable identity and employment authorization documents listed on the Form I-9 List of Acceptable Documents, such as a valid U.S. passport or a combination of a driver's license and Social Security card, for remote I-9 verification. Utilizing authorized electronic verification systems like E-Verify or remote notary services ensures compliance with USCIS regulations while completing Form I-9 for remote employees. |
| 4 | Employer Agent Attestation | Employers must obtain a signed Employer Agent Attestation to verify that their authorized representative has properly reviewed and copied original employee documents during Form I-9 verification. This attestation confirms the agent's responsibility in conducting the physical inspection of identification and employment eligibility documents as required by U.S. Citizenship and Immigration Services (USCIS). |
| 5 | Alternative Procedure (Virtual Review) | Employers using the Alternative Procedure for Form I-9 verification must obtain acceptable identity and employment authorization documents from employees and conduct a virtual document review via live video. They are required to annotate Section 2 of Form I-9 with "COVID-19" and maintain copies of the documents reviewed electronically or in paper form for the entire retention period. |
| 6 | Receipt Rule | Employers must accept a receipt for a document that shows a new employee's application for a replacement employment authorization document as a temporary proof of employment eligibility under the Form I-9 Receipt Rule. This receipt must be presented alongside the expired document it replaces and allows the employee to work for up to 90 days while the replacement is processed. |
| 7 | Section 2 Completer | Employers must review specific documents from the List of Acceptable Documents to complete Section 2 of Form I-9, including a valid U.S. passport, Permanent Resident Card (Green Card), or a combination of a driver's license and Social Security card to verify identity and employment authorization. The employer is required to physically examine original documents in the employee's presence within three business days of the start date to ensure compliance with U.S. Citizenship and Immigration Services (USCIS) guidelines. |
| 8 | Reverification Window | Employers must verify the identity and employment authorization of employees using specified documents outlined by Form I-9 guidelines, with reverification required only when an employee's temporary work authorization expires. The reverification window mandates documentation showing continuous employment eligibility without gaps, typically necessitating updated documents before the original authorization lapses. |
| 9 | Form I-766 (Employment Authorization Document) | Employers must request and review the Form I-766, Employment Authorization Document, as acceptable evidence for Form I-9 verification, ensuring the employee is authorized to work in the United States. The document must be unexpired and contain the employee's photograph and signature to satisfy identity and employment authorization requirements. |
| 10 | List B Identity Document Updates | Employers must review the updated List B identity documents for Form I-9 verification, which now include new state-issued driver's licenses and identification cards featuring enhanced security features. Acceptable documents include valid passports from certain countries, U.S. military identification cards, and updated state IDs that comply with the latest Department of Homeland Security standards. |
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. Understanding the required documents helps ensure compliance with U.S. immigration law and avoids penalties.
- 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 driver's licenses or state ID cards.
- List C Documents - These confirm employment authorization, like a Social Security card or birth certificate.
Overview of Employer Documentation Requirements
Employers must verify the identity and employment authorization of their employees by completing Form I-9. This process requires collecting specific documents from employees that establish both identity and work eligibility.
You must review original documents from the acceptable Lists of the Form I-9, including List A or a combination of List B and List C. Employers are responsible for ensuring these documents are unexpired and appear genuine to comply with federal regulations.
Acceptable Documents for Form I-9 Compliance
Employers must verify the identity and employment authorization of their new hires using Form I-9. Acceptable documents are categorized into List A, List B, and List C, each serving a specific verification purpose.
List A documents establish both identity and employment authorization, including a U.S. passport or Permanent Resident Card. List B documents confirm identity, such as a driver's license or state ID. List C documents verify employment authorization, including a Social Security card or a birth certificate.
Step-by-Step Form I-9 Completion Procedures
What documents does an employer need for Form I-9 verification? Employers require specific identification documents to verify the identity and employment authorization of new hires. Acceptable documents fall into three categories: List A, List B, and List C, each serving different verification purposes.
How do you complete the Form I-9 step-by-step? Start by having the employee complete Section 1 on or before the first day of employment. Then, the employer reviews original documents presented by the employee and completes Section 2 within three business days of the hire date.
Which documents are acceptable from List A for Form I-9? List A documents establish both identity and employment authorization, including a U.S. Passport or Permanent Resident Card. Only one List A document is needed to complete verification without needing List B or List C documents.
What documents can be used from List B on the Form I-9? List B documents verify identity only, such as a driver's license or state ID card with a photo. Employers must also check a corresponding List C document to confirm employment authorization when using List B items.
What does List C include for I-9 verification? List C documents prove employment authorization, examples include a Social Security card or birth certificate. Employers must accept a List C document when paired with an identity document from List B to complete Section 2.
When should the employer physically examine the documents? The employer must physically inspect all original documents in the employee's presence. Photocopies or documents faxed or emailed are not acceptable substitutes for verification.
How does an employer handle expired documents on Form I-9? Only unexpired documents or those with valid expiration dates are acceptable for verification. Employers should request updated documentation if an employee presents expired identification or work authorization.
What record-keeping requirements apply to Form I-9 documents? Employers must retain completed Forms I-9 for all current employees and for a set period after employment ends. The retention period is either three years after the hire date or one year after termination, whichever is longer.
Recordkeeping Policies for I-9 Documentation
Employers must retain completed Form I-9 documents for all current employees and for a specified period after employment ends, typically three years after the hire date or one year after termination, whichever is later. Proper recordkeeping ensures compliance with U.S. Citizenship and Immigration Services (USCIS) requirements and supports audits or investigations.
Acceptable documents for verification range from U.S. passports to driver's licenses combined with Social Security cards, as outlined in the Lists of Acceptable Documents provided by USCIS. Your policy should include secure storage methods and clearly defined retention timelines to prevent premature destruction or unauthorized access to I-9 records.
Timing and Deadlines for I-9 Verification
Employers must complete Form I-9 verification within specified timing and deadlines to comply with federal regulations. This process ensures employment eligibility is properly documented using the required documents.
- Completion Deadline - Employers must complete Section 2 of Form I-9 within three business days of the employee's first day of work for pay.
- Document Presentation - Employees must present acceptable identification documents by the first day of employment to allow timely verification.
- Retention Period - Employers are required to retain Form I-9 for three years after the hire date or one year after employment ends, whichever is later.
Your adherence to these timing requirements is essential to maintain compliance and avoid penalties.
Common Compliance Pitfalls and How to Avoid Them
Employers must verify employee identity and employment authorization using acceptable documents listed on the Form I-9 Lists of Acceptable Documents. Common compliance pitfalls include accepting expired documents, failing to complete the form within the required timeframe, and not retaining the Form I-9 as mandated by law. To avoid these issues, review documents thoroughly, complete and store the form promptly, and stay updated with USCIS guidelines.
Auditing and Internal Review Best Practices
| Document Category | Examples | Relevance for Auditing and Internal Review |
|---|---|---|
| List A: Documents Establishing Both Identity and Employment Authorization | U.S. Passport or Passport Card, Permanent Resident Card (Form I-551), Employment Authorization Document (Form I-766) | Essential for verifying the employee's eligibility; auditors must ensure these documents are original and unexpired. |
| List B: Documents Establishing Identity Only | Driver's License, State ID Card, School ID Card with a photograph | Used in conjunction with List C documents; internal reviews should confirm authenticity and validity during the hiring process. |
| List C: Documents Establishing Employment Authorization Only | Social Security Card, Birth Certificate, Certification of Birth Abroad (Form FS-545) | Reviewers must verify that these documents are acceptable and properly recorded to maintain compliance with Form I-9 regulations. |
| Best Practices for Auditing and Internal Review |
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Maintaining rigorous document verification processes protects against legal risks and ensures regulatory compliance. |
| Your Responsibility | You must ensure proper collection, verification, and retention of required documents for Form I-9 compliance while facilitating thorough internal reviews and audits. | |
Handling I-9 Corrections and Late Verifications
Employers must retain original documents presented by employees for Form I-9 verification, including a valid passport, driver's license, Social Security card, or employment authorization document. Handling I-9 corrections requires employers to complete changes in ink, initial and date each correction, avoiding white-out or erasures to maintain audit integrity. Late verifications demand prompt completion of the Form I-9 process, ensuring your records comply with the Department of Homeland Security's guidelines to avoid penalties.
What Documents Does an Employer Need for Form I-9 Verification? Infographic
