To verify their identity and legal authorization to work, employees must present certain documentation to their employers. This process is vital for ensuring compliance with regulations governing employment and immigration.
There are three categories of documents that can be used for this purpose:
- List A: Documents that confirm both identity and employment authorization.
- List B: Documents that establish identity only.
- List C: Documents that confirm employment authorization.
List A Documents
These documents establish both identity and employment authorization. Acceptable documents include:
- U.S. Passport or U.S. Passport Card
- Permanent Resident Card or Alien Registration Receipt Card
- Foreign passports containing a temporary I-551 stamp or a temporary I-551 printed notation on a machine-readable immigrant visa
- Employment Authorization Document featuring a photograph
- Foreign passport with Form I-94 or Form I-94A including an endorsement to work
- Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI), accompanied by Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the U.S. and FSM or RMI
Acceptable Receipts:
- Receipt for a replacement of a lost, stolen, or damaged List A document
- Form I-94 issued to a lawful permanent resident containing an I-551 stamp and a photograph
- Form I-94 with “RE” notation or refugee stamp given to a refugee
List B Documents
List B documents verify identity. Employees must also present a document from List C for Section 2 if they choose to provide a List B document. Acceptable unexpired List B documents include:
- Driver’s license or ID card issued by a U.S. state or outlying possession with a photograph or information such as name, date of birth, gender, height, eye color, and address.
- ID card issued by federal, state, or local government agencies, with a photograph or similar identifying information.
- School ID card featuring a photograph
- Voter 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 individuals under age 18 who cannot present one of the above:
- School record or report card
- Clinic, doctor, or hospital record
- Daycare or nursery school record
Acceptable Receipts:
- A receipt for a replacement of a lost, stolen, or damaged List B document can be presented temporarily.
List C Documents
These documents confirm employment authorization. Employees presenting a List C document must also provide a List B document that verifies their identity for Section 2. Acceptable List C documents include:
- U.S. Social Security Card
- Certification of Report of Birth issued by the Department of State
- Original or certified copy of a birth certificate issued by a State, county, municipal authority, or territory of the United States with an official seal
- Native American tribal document
- U.S. Citizen ID Card
- Identification Card for Use of Resident Citizen in the United States
- Employment Authorization Document issued by the Department of Homeland Security
Acceptable Documents:
- A receipt for a replacement of a lost, stolen, or damaged List C document may be presented temporarily.
Examining Documents
When completing Section 2 of Form I-9, employers must examine the documentation presented by their employee. You do not need to be a document expert; however, you should accept documents that reasonably appear to be genuine and relate to the individual presenting them. If an employee provides a document that does not reasonably appear to be genuine or applicable, you must reject it and request other documents that fulfill Form I-9 requirements.
If your employee:
- Provides documentation that appears genuine and is from the List of Acceptable Documents: Accept the documentation.
- Provides a document that does not appear genuine or applicable: Reject the document and ask the employee to present other suitable document(s).
Note: The standard is reasonableness; you are not expected to be a document specialist.
- Writes multiple last names in Section 1 but presents a document with only one name: Ask the employee for the reason for the discrepancy. If the document seems genuine and relates to the individual, you may accept it. Attach a memo to Form I-9 explaining the difference.
- Presents a document with a name spelled slightly differently than the one in Section 1: Inquire about the difference in spelling. If the document appears genuine and relevant, you may accept it. Ask the employee to use their full legal name in Section 1 and to either correct Form I-9, provide a different document with correct spelling, or submit a corrected document.
- Provides a document where the name in Section 1 is significantly different from the name on the document: Inquire about the name change. If the employee asserts that the name in Section 1 is their legal name and you find that the document reasonably relates to them, you may accept it. Attach a memo to Form I-9 explaining the discrepancy. If the employee provides proof of a name change, it may be retained along with the memo.
- Provides a document that does not seem genuine or is unrelated or cannot present acceptable documentation: You may terminate employment.
Note: This guidance applies only to newly hired employees.
