To complete the I-9 form, which verifies an employee’s eligibility to work in the United States, employees must provide specific forms of identification that prove both their identity and employment authorization. These forms are divided into three lists by the U.S. Citizenship and Immigration Services (USCIS): List A, List B, and List C. Each list serves a specific purpose:
List A: Documents that Establish Both Identity and Employment Authorization
Employees can present one document from List A, which covers both identity and employment authorization:
- 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 the employee does not present a List A document, they must provide one document from List B to prove identity, and one from List C to prove employment authorization:
- 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 must be presented in conjunction with a List B document:
- 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 a birth certificate issued by a state, county, municipal authority, or territory of the U.S. bearing an official seal
- Native American tribal document
Important Points to Note
- Original Documents Required: Employees must present original documents; photocopies or expired documents are not accepted unless specified by USCIS.
- Employee Choice: Employees have the freedom to choose which documents to present from the provided lists. Employers cannot specify or demand particular documents as long as the documents presented meet the requirements and appear to be genuine.
- Employer Verification: Employers are responsible for physically examining the documents to ensure they are genuine and correspond to the employee presenting them.
By providing the appropriate documents from these lists, employees can successfully meet the legal requirements for verifying their identity and eligibility to work in the United States, in accordance with federal employment laws.