For completing the I-9 form, which verifies an employee’s eligibility to work in the United States, employees need to provide documents from specified lists provided by the U.S. Citizenship and Immigration Services (USCIS). These documents are categorized into three lists: List A, List B, and List C. Employees can choose to present one document from List A, or one document from List B and one from List C.
List A: Documents that Establish Both Identity and Employment Authorization
Providing one document from List A suffices because it verifies both the employee’s identity and their authorization to work in the U.S. Examples of 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 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 does not provide a List A document, they must provide one document from List B to establish identity, and one document from List C to establish employment authorization. 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
When using a List B document for identity, an employee also needs to provide a document from List C that verifies their authorization to work in the U.S. 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 territory of the U.S. bearing an official seal
- Native American tribal document
Key Points to Remember
- Original Documents Required: Employees must present original documents; photocopies or expired documents are not accepted, except for certain documents specified by USCIS that may be accepted if expired.
- Employee Choice: Employees have the freedom to choose which documents to present from the provided lists. Employers cannot specify which documents they will accept from an employee, as long as the documents meet the requirements and appear to be genuine.
- Employer’s Role: Employers are responsible for examining the documents to ensure they are genuine and correspond to the person presenting them.
These documents are essential for completing the I-9 form and ensuring compliance with employment eligibility verification requirements set forth by USCIS.