To complete an I-9 form, which is required to verify employment eligibility in the United States, employees need to provide specific documents that confirm both their identity and their authorization to work. These documents are divided into three categories by U.S. Citizenship and Immigration Services (USCIS): List A, List B, and List C. Employees can present either one document from List A or a combination of one document from List B and one from List C.
List A: Documents that Establish Both Identity and Employment Authorization
Presenting one document from List A is sufficient because it verifies both identity and authorization to work. Examples of acceptable List A documents include:
- 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 with 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 does not provide a List A document, they must present one document from List B to verify their identity and one from List C to verify their employment authorization. Examples of List B documents include:
- Driver’s license or ID card issued by a U.S. state or outlying possession
- ID card issued by federal, state, or local government agencies that 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 verify that the employee is authorized to work in the U.S. and must be paired with a List B document. Examples of List C documents include:
- 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 U.S. territory bearing an official seal
- Native American tribal document
Important Considerations:
- Original Documents Required: Employees must present original documents; photocopies or expired documents are not accepted unless specifically allowed by USCIS.
- Freedom to Choose: Employees have the right to choose which documents they present from the lists provided. Employers cannot demand specific documents from an employee as long as the documents meet legal requirements.
- Employer’s Responsibility: Employers are responsible for reviewing and verifying the documents to ensure they appear genuine and relate to the employee presenting them.
By providing the appropriate documents from these lists, employees and employers comply with U.S. employment laws, ensuring that all workers are legally authorized to work in the United States.