Employers in the United States are required to verify the identity and employment authorization of every individual they hire, including both citizens and non-citizens. This verification is done through Form I-9, Employment Eligibility Verification. To comply with federal law, employers must be familiar with the process of completing Form I-9 and the acceptable documents that can be used to verify identity and employment authorization. This comprehensive guide will provide an overview of the Form I-9 process, explain how to properly verify documents, and outline the criteria for acceptable documents to help employers effectively verify I9 and remain compliant with the law.

Form I-9 Process for Employers

The Form I-9 process begins when an employer hires a new employee. Within three days of the employee’s start date, the employer must ensure that the employee completes Section 1 of Form I-9. This section requires the employee to provide basic personal information such as their name, address, date of birth, and Social Security number. The employee must also attest to their citizenship or immigration status and sign the form.

The employer is responsible for completing Section 2 of Form I-9. This involves physically examining the documents provided by the employee to confirm their identity and employment authorization. Employers must be careful to verify I-9 documents correctly, ensuring they are not expired and appear to be genuine. Finally, the employer completes Section 3 if re-verification of employment authorization is necessary for an employee who has a time-limited work authorization.

I-9 Document Verification Post-Hire

After hiring, employers must maintain a compliant process for I-9 verification. This includes verifying the documents presented by the employee within three business days of the date of hire. The documents must establish both identity and employment authorization. 

Employers should maintain a secure recordkeeping system for these forms, as they must be retained for three years after the date of hire or one year after the date of termination, whichever is later. Employers may be subject to audits by government agencies, such as Immigration and Customs Enforcement (ICE), and should be prepared to produce Form I-9 documentation upon request.

Criteria for Acceptable I-9 Documents

Form I-9 requires employees to present documentation that proves their identity and employment authorization. The acceptable documents are categorized into three lists: List A, List B, and List C. Employers must carefully verify I-9 documents presented from these lists to ensure compliance.

List A Documents

Documents in List A establish both identity and employment authorization. Employees need to provide only one document from this list. Commonly accepted List A documents include:

• U.S. Passport or U.S. Passport Card: These documents are issued by the U.S. Department of State and serve as proof of both U.S. citizenship and employment authorization.

• Permanent Resident Card (Form I-551) or Alien Registration Receipt Card: Commonly known as a Green Card, this document confirms lawful permanent residency in the U.S. and employment eligibility.

• Employment Authorization Document (EAD) Card (Form I-766): This card is issued to individuals who are authorized to work in the U.S. for a specific period.

• Foreign Passport with Form I-94 or Form I-94A: A foreign passport that contains a temporary I-94 Arrival-Departure Record is also acceptable if it includes an endorsement that the individual is authorized to work in the U.S.

List B Documents

Documents in List B establish identity only. If an employee presents a document from List B, they must also present a document from List C to establish employment authorization. Common List B documents include:

• Driver’s License or ID Card Issued by a State or Outlying Possession: This must contain a photograph or information such as name, date of birth, gender, height, eye color, and address.

• School ID Card with a Photograph: Acceptable for employees under the age of 18 who do not have other documents.
• Voter Registration Card: A card issued by a state that confirms the individual’s eligibility to vote.

• U.S. Military Card or Draft Record: These are valid for active-duty or retired members of the U.S. Armed Forces.

List C Documents

Documents in List C establish employment authorization only. Employees must present one document from List C alongside one from List B. Examples of List C documents include:

• Social Security Card: This card must not have restrictions, such as “Not Valid for Employment” or “Valid for Work Only with DHS Authorization.”

• Original or Certified Copy of a Birth Certificate: Issued by a state, county, municipal authority, or territory of the U.S.

• U.S. Citizen ID Card (Form I-197): This card is issued by the Department of Homeland Security.

• Employment Authorization Document Issued by the Department of Homeland Security: These include any document issued by DHS that is not already listed in List A.

Key Points to Verify When Reviewing I-9 Documents

Employers must be vigilant when reviewing documents for Form I-9 compliance. Here are key points to remember when verifying documents:

1. Ensure Documents are Original: Except for certified copies of birth certificates, all documents presented must be original. Photocopies or faxes are not acceptable.

1. Verify Document Authenticity: Employers must take reasonable steps to confirm that the documents appear genuine and belong to the employee presenting them. Employers do not need to be document experts, but they must examine each document for any signs of tampering or forgery.

1. Check Expiration Dates: Employers must confirm that documents are unexpired. Documents that are expired at the time of submission are not acceptable for I-9 verification.

1. Ensure Proper Recordkeeping: Maintain copies of Form I-9 and any associated documents in a secure location, ensuring that they are accessible in case of an audit or inspection.

Where and How to Obtain I-9 Forms for Employment Verification?

Form I-9 is available through the U.S. Citizenship and Immigration Services (USCIS) website, where employers can download the latest version. It is essential to use the most current version of Form I-9 to comply with federal regulations. Employers must ensure that all employees complete this form and that it is properly stored and maintained. Employers may also consider using electronic I-9 systems to help streamline the process and provide easier access to forms during an audit.

Conclusion

Understanding the process and requirements for I-9 verification is crucial for employers in the United States. By familiarizing themselves with the acceptable documents listed under List A, List B, and List C and carefully verifying them, employers can ensure compliance with federal regulations, avoid potential penalties, and contribute to a fair and legal hiring process. It is essential for employers to stay updated on changes to Form I-9 requirements and regularly review their verification processes to maintain compliance and protect their business from potential legal risks.