A birth certificate alone is not sufficient to secure employment in the United States. Federal law requires all new hires to complete the Form I-9, Employment Eligibility Verification, which mandates proof of both identity and legal authorization to work. A single document must satisfy both requirements simultaneously, or two separate documents must be presented. The birth certificate only fulfills one part of this two-pronged verification process, requiring an additional piece of identification to complete the hiring paperwork.
The Employment Eligibility Verification Requirement
Federal law, specifically the Immigration Reform and Control Act (IRCA), mandates that every employer verify the identity and employment authorization of all new employees. This requirement is fulfilled by completing Form I-9, administered by the U.S. Citizenship and Immigration Services (USCIS). The purpose of the I-9 process is to establish the individual’s identity and legal permission to work in the United States. Employers must complete this verification within three business days of the employee’s first day of work.
Understanding the Three Categories of I-9 Documents
The USCIS provides a list of acceptable documents organized into three distinct categories for I-9 verification. These categories allow employees flexibility in proving identity and work authorization, but they must be followed precisely. Understanding the function of each category explains why a birth certificate is only a partial solution.
List A Documents
List A documents establish both the employee’s identity and legal authorization to work simultaneously. Presenting a single, unexpired document from this list satisfies the entire Form I-9 requirement. Examples include a U.S. Passport, a U.S. Passport Card, or a Permanent Resident Card (Form I-551).
List B Documents
Documents in List B establish only the identity of the employee. These documents typically contain identifying information and a photograph but do not confirm work authorization status. Common examples include a state-issued Driver’s License or ID card, a school identification card with a photograph, or a U.S. military card or draft record.
List C Documents
List C documents establish only the employee’s legal authorization to work. These items confirm eligibility for employment but are insufficient for proving identity because they often lack a photograph or physical identifiers. A U.S. Social Security card without employment restrictions is a common List C document, along with a certified copy of a U.S. birth certificate.
The Specific Role of the Birth Certificate
A certified copy of a birth certificate issued by a state, county, municipal authority, or territory of the United States is officially designated as a List C document. This document proves U.S. citizenship, which automatically establishes legal authorization to work. The birth certificate must be an original or certified copy bearing an official seal, not a hospital-issued record or an uncertified photocopy.
The birth certificate is categorized as a List C document because it fails to establish current identity. Since the document does not contain a photograph or verifiable physical details, it does not confirm the presenter is the individual named on the document. To complete the I-9 process, the birth certificate must be paired with a document that specifically proves the employee’s identity.
Valid Document Combinations for New Hires
The Form I-9 requirements can be satisfied in one of three ways, giving the new employee a choice of which documents to present. The simplest method is presenting one unexpired document from List A, such as a U.S. Passport, which verifies both identity and work authorization in a single item. If an employee does not present a List A document, they must provide one document from List B and one document from List C.
The most common combination involving the birth certificate requires pairing it with a List B identity document. This typically involves presenting the certified U.S. birth certificate (List C, proving work authorization) alongside a state-issued driver’s license or identification card (List B, proving identity). This pairing fulfills the two separate verification requirements mandated by federal law.
What to Do If You Are Missing Documents
If an employee has lost or misplaced the required documentation, they can take specific actions to obtain replacements for the I-9 process. For a certified birth certificate, the employee must contact the vital records office in the state where they were born to request an official replacement. A replacement Social Security card must be requested directly from the Social Security Administration.
A new hire may present a receipt showing they have applied for a replacement document that was lost, stolen, or damaged. This temporary receipt is valid for 90 days from the date of hire, allowing the employee to work while waiting for the official replacement. The employee must then present the original replacement document to the employer within that 90-day window to complete the Form I-9 verification.
Employer Compliance and Employee Rights
Employees have the right to choose which acceptable documents they present from the Lists of Acceptable Documents to complete the I-9. Federal law prohibits employers from demanding specific documents, such as insisting on a U.S. Passport, if the employee provides another valid combination. An employer must accept any combination of one List B and one List C document that appears genuine and relates to the person presenting it.
This anti-discrimination provision prevents employers from engaging in unfair documentary practices or discrimination based on national origin or citizenship status. Employers must consistently apply the I-9 verification process to all employees. Employees who feel an employer has improperly requested specific documents or rejected a valid combination can seek assistance from the Immigrant and Employee Rights Section of the Department of Justice.