When completing the I-9 form, which is required to verify the identity and employment eligibility of employees in the United States, employees need to present specific documents. These documents are categorized into three lists by U.S. Citizenship and Immigration Services (USCIS): List A, List B, and List C. Employees can choose to present one document from List A, or one document from List B along with one from List C.
List A: Documents that Establish Both Identity and Employment Authorization
Documents from List A prove both identity and employment authorization. Here are some examples:
- U.S. Passport or U.S. Passport Card
- Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
- Employment Authorization Document (EAD) that contains a photograph (Form I-766)
- Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa
- Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI
List B: Documents that Establish Identity Only
If an employee chooses not to present a List A document, they must provide one document from List B for identity verification and one document from List C for employment authorization. Examples of List B documents include:
- Driver’s license or ID card issued by any U.S. state or outlying possession
- ID card issued by federal, state, or local government agencies, provided it includes a photograph or information such as name, date of birth, gender, 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
List C: Documents that Establish Employment Authorization Only
These documents are required if a List B document is used for identity verification:
- Social Security card issued by the Social Security Administration (other than a card stating it is not valid for employment)
- Certification of Birth Abroad issued by the Department of State (Form FS-545)
- Certification of Report of Birth issued by the Department of State (Form DS-1350)
- Original or certified copy of birth certificate issued by a state, county, municipal authority, or territory of the U.S. bearing an official seal
- Native American tribal document
Important Notes:
- Original Documents Required: Employees must present original documents; photocopies or expired documents are not accepted unless specified by USCIS.
- Freedom of Choice: Employees have the right to choose which documents to present from the provided lists. Employers cannot specify or demand particular documents, as long as the documents satisfy the requirements and appear to be genuine.
- Employer Verification: Employers are responsible for physically examining each document to ensure that they are genuine and correspond to the employee presenting them.
These documents help ensure compliance with U.S. employment laws by verifying that all employees, regardless of nationality, are eligible to work in the United States.