Q - What are the legally acceptable documents that a new hire can show for I-9 purposes to establish identify and authorization to work in the United States?
Not Responsible for Accuracy of Translation
THIS PAGE BEING REVISED IN LIGHT OF THE
NOVEMBER 26, 2007 FEDERAL REGISTER NOTICE CONCERNING THE NEW I-9 FORM.
Click Here for a copy of that Notice.
A - The purpose of the I-9 Form is to demonstrate that the employee about whom it is being filled out is who s/he says s/he is and that they are authorized to work in the United States.Some documents establish both identity and authorization to work in the United States, also sometimes called employment eligibility. The documents that establish both these things are sometimes called LIST A documents.
Some documents only establish identity and they are sometimes called LIST B documents.
Some documents only establish employment eligibility (authorization to work in the United States) and are sometimes called LIST C documents.
It is important to remember that an employer specify which documents s/he will accept for I-9 purposes. The employee about whom the I-9 Form is being filled out has the absolute right under the law creating the I-9 process to present any legally acceptable LIST A document to establish both identity and employment eligibility or, alternatively, to present any legally acceptable LIST B document to establish identity and LIST C document to establish employment eligibility. Note that it is quite possible for some aliens to prove identity and employment eligibility without presenting any DHS or earlier INS issued document.
Lists of acceptable documents are printed on the back of the I-9 Form. You can download a copy of the I-9 Form by going to Citizen and Immigration Services, Department of Homeland Security and following the instructions posted there.
Lists of acceptable documents are also found at the website of the Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC).
It should be noted that current list of acceptable documents differ from those listed on the back of the I-9 Form because of changes in the law since the I-9 form was created. However, it is important to know that Employers will not be subject to sanction if they accept documents listed on the back of the I-9 form until the Department of Homeland Security issues a new I-9 form and a new Handbook for Employers. See the September 30, 1997 Federal Register, 62 Fed. Reg. 51001. That notice states:
The purpose of this interim rule is to maintain the status quo as much as possible during this transitional period so as to avoid confusion and disruption in the employment verification process at this time. Although some changes are required by law, the Service recognizes that these changes are necessarily being implemented with little advance public notice, and without any revisions to the existing Form I–9 and the published Handbook for Employers (Form M–274). Accordingly, as explained below, in order to minimize confusion and disruption, the Service will exercise its discretion to forgo enforcement actions against employers who continue to act in reliance upon and in compliance with existing employment verification forms, guidance, and procedures. This policy will remain in effect until the new document reduction program, together with a revised Form I–9 and guidance to employers, can be implemented in the separate rulemaking proceeding.
Though this notice was issued almost 10 years ago , it has not been rescinded. However DHS has recently put on USCIS website the following information:
Please note the following changes to the Form I-9 process:
- Form I-766 (Employment Authorization Document), although not listed on the 5/31/05 version of the Form I-9, is an acceptable List A document #10.
- Form I-151 is no longer an acceptable List A document #5. However, Form I-551 remains an acceptable List A document #5.
- The following documents have been removed from the list of acceptable identity and work authorization documents: Certificate of U.S. Citizenship (List A #2), Certificate of Naturalization (List A #3), Unexpired Reentry Permit (List A #8) and Unexpired Refugee Travel Document (List A #9).
We are checking with DHS USCIS to determine if this is meant to rescind the September 30, 1997 Federal Register Notice and we will let you know when we receive any information.
Employers should exercise extreme caution in rejecting documents that are listed on the back of the I-9 form. Depending on the circumstances, failure to accept such documents could be construed as discrimination, e.g. if one accepted a certificate of naturalization from an individual who was blond and blue eyed, but did not accept a certificate of naturalization from an individual who had Hispanic features and spoke with an accent. The safest course of action is to do as the Federal Register notice quoted above states. Treat all the documents on the back of the I-9 form as acceptable for the purposes listed until the Department of Homeland Security issues a new I-9 Form and a new Handbook for Employers. We will let you know as soon as we learn of that happening.
The documents listed are:The documents identified below are acceptable to establish identity and employment eligibility. Please note that the list of acceptable documents is different than the list that appears on the back of the current I-9 Form due to intervening changes in law. However, employers that continue to follow the list that appears on the back of the I-9 Form will not be sanctioned by the Department of Homeland Security (DHS), until such time as DHS issues a new I-9 Form and Handbook for Employers. In addition, please call OSC for special rules that apply in certain situations, including receipts, rehiring former employees, workers with temporary protected status (TPS), documentation for individuals with disabilities, and additional acceptable documents.
List A
Documents that Establish Both Identity and Employment Eligibility.
• U.S. Passport (unexpired or expired)
• Unexpired foreign passport that contains a temporary I-551 stamp
• Alien Registration Receipt Card or Permanent Resident Card (INS Form I-551)
• Unexpired Employment Authorization Card that contains a photograph (Form I-766, Form I-688, Form I-688A, Form I-688B)
• For non-immigrants authorized to work for a specific employer: an unexpired foreign passport with an Arrival-Departure Record, Form I-94, bearing an unexpired endorsement of the individual's nonimmigrant status.
• Unexpired foreign passport with a Readable Immigrant Visa (MRIV) and unexpired temporary I-551 stamp (valid until the expiration date set forth on the temporary I-551 stamp).
• Unexpired foreign passport with a MRIV containing temporary I-551 language and endorsed with an unexpired DHS admission stamp (valid for one year from the date of admission).
Receipts for documents are also acceptable under certain circumstances. This is known as the receipt rule. It states:Under the receipt rule, an individual may present a "receipt" in lieu of a listed document to complete section 2 of the I-9 Form. The receipt is valid for a temporary period. There are three different documents that qualify as receipts under the rule.
The first type of receipt that an employee may present is a receipt for the application for a replacement document when the document has been lost, stolen, or damaged. The receipt is valid for 90 days, after which the individual must present the replacement document to complete the I-9 Form. Note that this rule does not apply to individuals who present receipts for new documents following the expiration of their previously held document.
The second type of receipt that an employee may present is a Form I-94 containing a temporary I-551 stamp and a photograph of the individual, which is considered a receipt for Form I-551. The individual must present the Form I-551 by the expiration date of the temporary I-551 stamp, or within one year from the date of issuance of the Form I-94 if the I-551 stamp does not contain an expiration date.
The third type of receipt that an employee may present is a Form I-94 containing an unexpired refugee admission stamp. This is considered a receipt for either an Employment Authorization Document (i.e., Form I-766 or I-688B) or a combination of a Social Security card and List B document. The employee must present acceptable documentation to complete the I-9 Form within 90 days after the date of hire, or in the case of reverification, the date employment authorization expires.
Note: DHS regulations provide that if it does not adjudicate an application for employment authorization within 90 days, it will grant an employment authorization document valid for a period not to exceed 240 days. To receive an interim employment authorization document, the individual should contact his or her local office of United States Citizenship and Immigration Services (USCIS).
OR
List B
Documents that Establish Identity
• Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address
• ID card issued by federal, state or local government agencies or entities provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address
• School ID card with a photograph• Voter's 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 government authority
For persons under age 18 who are unable to present a document listed above:
• School record or report card
• Clinic, doctor, or hospital record
• Day-care or nursery school record.
AND
List C
Documents that Establish Employment Eligibility
• U.S. Social Security card issued by the Social Security Administration (other than a card stating it is not valid for employment or valid only with INS work authorization)
• Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)
• Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal
• Native American tribal document
• U.S. Citizen ID Card (Form I-197)
• ID Card for use of Resident Citizen in the United States (Form I-179)
• Unexpired employment authorization document issued by the Department of Homeland Security (other than those listed under List A), including (1) a Form I-94 identifying the holder as an asylee (by stating "asylum", "asylee" or appropriate provision of law), or (2) other documentation issued by DHS (or the former Immigration and Naturalization Service (INS)) that identifies the holder as an asylee, lawful permanent resident, refugee (except for the Form I-94 identifying the holder as a refugee, which is considered a receipt only), or other status authorized to work in the United States incident to status.For your reference, these are the documents listed on the I-9 form.
List A
Documents that establish both identity and employment eligibility.1. U.S. Passport (unexpired or expired)
2. Certificate of U.S. Citizenship (INS Form N-560 or N-561)
3. Certificate of Naturalization (INS Form N-550 or N-570)
4. Unexpired foreign passport, with I-551 stamp or attached INS Form I-94
indicating unexpired employment authorization
5. Alien Registration Receipt Card with photograph (INS Form I-151 or
I-551)
6. Unexpired Temporary Resident Card (INS Form I-688)
7. Unexpired Employment Authorization Card (INS Form I-688A)
8. Unexpired Reentry Permit (INS Form I-327)
9. Unexpired Refugee Travel Document (INS Form I-571)
10. Unexpired Employment Authorization Document issued by the INS which
contains a photograph (INS Form I-688B)OR
List B
Documents that establish identity1. Driver's license or ID card issued by a state or outlying possession of the
United States provided it contains a photograph or information such as
name, date of birth, sex, height, eye color, and address
2. ID card issued by federal, state or local government agencies or entities
provided it contains a photograph or information such as name, date of
birth, sex, height, eye color, and address
3. School ID card with a photograph
4. Voter's registration card
5. U.S. Military card or draft record
6. Military dependent's ID card
7. U.S. Coast Guard Merchant Mariner Card
8. Native American tribal document
9. Driver's license issued by a Canadian government authorityFor persons under age 18 who are unable to present a document listed above:
10. School record or report card
11. Clinic, doctor, or hospital record
12. Day-care or nursery school record
List C
Documents that establish employment eligibility1. U.S. social security card issued by the Social Security Administration
(other than a card stating it is not valid for employment)
2. Certification of Birth Abroad issued by the Department of State (Form
FS-545 or Form DS-1350)
3. Original or certified copy of a birth certificate issued by a state, county,
municipal authority or outlying possession of the United States bearing an
official seal
4. Native American tribal document
5. U.S. Citizen ID Card (INS Form I-197)
6. ID Card for use of Resident Citizen in the United States (INS Form I-179)
7. Unexpired employment authorization document issued by the INS (other
than those listed under List A)