I-9 REQUIREMENTS - DOCUMENT LISTS

Ever since passage of the Immigration Reform and Control Act in 1986, employers have had to verify the employment authorization of each employee they hire. This is done with the I-9 form, a copy of which must be completed for each newly-hired employee. IRCA is enforced by the U.S. Citizenship and Immigration Services (formerly known as the INS); the agency's Internet home page is at:
http://www.uscis.gov/portal/site/uscis.

The USCIS has a list of frequently-asked questions and answers for employment eligibility verification, I-9 forms, and how to complete them at the following links:
http://www.uscis.gov/files/article/E3_english_v.1.pdf (PDF)
About Form I-9, Employment Eligibility Verification.

The main things for employers to keep in mind about I-9s are:

• they are completed only for employees, not applicants;
• the documents are either one document from List A (documents showing both identity and work authorization), or one document from List B (documents showing identity) and one from List C (documents showing work authorization);
• the lists show several different documents that are acceptable - employers may not insist on certain documents for I-9 purposes;
• use only the latest version of the I-9 form (as of September, 2008, the most recent version is dated 06/05/07), available as a free download on the USCIS Web site at http://www.uscis.gov/files/form/I-9.pdf (PDF)
• it is a good idea to photocopy the documents shown by the employee in case of a later audit; and
• keep the I-9 records for at least three years past the date of hire, or one year after the employees leaves the job, whichever is later (however, it's a good idea to keep all employment records at least seven years after the employee leaves employment).

The latest version of the I-9 form (June 5, 2007) is available on the USCIS Web site at http://www.uscis.gov/files/form/I-9.pdf (PDF), and shows on page 3 a slightly different list of acceptable documents than appears in the actual regulation (shown at the end of the page). Following is a list of the acceptable documents as they appear on the most recent Form I-9:

List A - Documents that Establish Both Identity and Employment Eligibility

1. U.S. Passport (expired or unexpired)
2. Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
3. An unexpired foreign passport with a temporary I-551 stamp
4. An unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, I-688B)
5. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

List B - Documents that Establish Identity

1. 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, gender, 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, gender, 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 authority

(For 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 Eligibility

1. 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 issue 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 DHS (other than those listed under List A).

The most recent version of the regulation is found in USCIS regulation 8 C.F.R. 274a.2(b) (revised effective January 1, 2008 - when the next revision will be posted is uncertain, but the home page for the Code of Federal Regulations is at http://www.gpoaccess.gov/cfr/, and the latest online copy of the regulation can be searched for by typing "8CFR274a" into the "Quick Search" field and clicking the "Submit" button; scroll down the list of found documents until you come to the one that starts off with 8CFR274a.2). The January 1, 2008 version of the regulation is reproduced in pertinent part below:

CODE OF FEDERAL REGULATIONS
TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
(Note: the INS is now known as the U.S. Citizenship and Immigration Services, a bureau of the U.S. Department of Homeland Security)

PART 274a--CONTROL OF EMPLOYMENT OF ALIENS--Table of Contents
Subpart A--Employer Requirements
Sec. 274a.2 Verification of employment eligibility.
(b) Employment verification requirements
(1) Examination of documents and completion of Form I-9. (v) The individual may present either an original document which establishes both employment authorization and identity, or an original document which establishes employment authorization and a separate original document which establishes identity. The identification number and expiration date (if any) of all documents must be noted in the appropriate space provided on the Form I-9.

[List A]
(A) The following documents, so long as they appear to relate to the individual presenting the document, are acceptable to evidence both identity and employment eligibility:

1. United States passport (unexpired or expired);
2. Alien Registration Receipt Card or Permanent Resident Card, Form I-551;
3. An unexpired foreign passport that contains a temporary I-551 stamp;
4. An unexpired Employment Authorization Document issued by the Immigration And Naturalization Service which contains a photograph, Form I-766; Form I-688, Form I-688A, or Form I-688B;
5. In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, an unexpired foreign passport with an Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, so long as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the Form I-94.

[List B]
(B) The following documents are acceptable to establish identity only:

1. For individuals 16 years of age or older:
1. A driver's license or identification card containing a photograph, issued by a state (as defined in section 101(a)(36) of the Act) or an outlying possession of the United States (as defined by section 101(a)(29) of the Act). If the driver's license or identification card does not contain a photograph, identifying information shall be included such as: name, date of birth, sex, height, color of eyes, and address;
2. School identification card with a photograph;
3. Voter's registration card;
4. U.S. military card or draft record;
5. Identification card issued by federal, state, or local government agencies or entities. If the identification card does not contain a photograph, identifying information shall be included such as: name, date of birth, sex, height, color of eyes, and address;
6. Military dependent's identification card;
7. Native American tribal documents;
8. United States Coast Guard Merchant Mariner Card;
9. Driver's license issued by a Canadian government authority;
2. For individuals under age 18 who are unable to produce a document listed in paragraph (b)(1)(v)(B)(1) of this section, the following documents are acceptable to establish identity only:
1. School record or report card;
2. Clinic doctor or hospital record;
3. Daycare or nursery school record.
3. Minors under the age of 18 who are unable to produce one of the identity documents listed in paragraph (b)(1)(v)(B) (1) or (2) of this section are exempt from producing one of the enumerated identity documents if:
1. The minor's parent or legal guardian completes on the Form I-9 Section 1--"Employee Information and Verification" and in the space for the minor's signature, the parent or legal guardian writes the words, "minor under age 18."
2. The minor's parent or legal guardian completes on the Form I-9 the "Preparer/Translator certification."
3. The employer or the recruiter or referrer for a fee writes in Section 2--"Employer Review and Verification" under List B in the space after the words "Document Identification" the words, "minor under age 18."
4. Individuals with handicaps, who are unable to produce one of the identity documents listed in paragraph (b)(1)(v)(B) (1) or (2) of this section, who are being placed into employment by a nonprofit organization, association, or as part of a rehabilitation program, may follow the procedures for establishing identity provided in this section for minors under the age of 18, substituting where appropriate, the term "special placement" for "minor under age 18", and permitting, in addition to a parent or legal guardian, a representative from the nonprofit organization, association, or rehabilitation program placing the individual into a position of employment, to fill out and sign in the appropriate section, the Form I-9. For purposes of this section, the term individual with handicaps means any person who
1. Has a physical or mental impairment which substantially limits one or more of such person's major life activities,
2. Has a record of such impairment, or
3. Is regarded as having such impairment.

[List C]
(C) The following are acceptable documents to establish employment authorization only:

1. A social security number card other than one which has printed on its face "not valid for employment purposes";
2. A Certification of Birth Abroad issued by the Department of State, Form FS-545;
3. A Certification of Birth Abroad issued by the Department of State, Form DS-1350;
4. An 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;
5. Native American tribal document;
6. United States Citizen Identification Card, INS Form I-197;
7. Identification card for use of resident citizen in the United States, INS Form I-179;
8. An unexpired employment authorization document issued by the Immigration and Naturalization Service.

Return to Businesses & Employers
Return to TWC Home