When starting a new job, every employer in the United States must follow a federal procedure to confirm a new hire’s eligibility to work. This process requires employees to present specific documentation that verifies two components: their identity and their legal authorization to accept employment in the country. These requirements are consistent across nearly all industries and employers. Verification is a mandatory part of the onboarding process before an employee can officially begin paid work.
Understanding Employment Eligibility Verification
The legal foundation for employment documentation in the U.S. is the Immigration Reform and Control Act (IRCA) of 1986. This federal legislation mandates that employers verify the identity and employment authorization of all new employees, regardless of their citizenship status or whether they are hired full-time or part-time. The mechanism for this verification is the completion of Form I-9, officially known as the Employment Eligibility Verification form.
The Form I-9 process is divided into two parts. The employee completes the first section, attesting to their work authorization status by their first day of employment. The employer completes the second section by physically examining the employee’s original, unexpired documents. This verification must occur within three business days of the employee’s start date to maintain compliance with federal law.
Employees must select which documents they wish to present from a list provided by the U.S. Citizenship and Immigration Services (USCIS). The employer cannot dictate which specific documents an employee must provide, only that the documents satisfy the requirements for both identity and employment authorization.
The Three Categories of Acceptable Documents
The USCIS organizes acceptable documents into three categories: List A, List B, and List C. An employee must present either one document from List A or a combination of one document from List B and one document from List C. The employer must accept any valid combination presented by the employee.
List A documents are considered the most comprehensive because they simultaneously establish both the employee’s identity and their authorization to work in the United States. Examples include an unexpired U.S. Passport or U.S. Passport Card, or a Permanent Resident Card (often called a Green Card). Presenting one List A document fully satisfies the Form I-9 requirement, and no other documents are requested.
List B documents only establish the identity of the employee. Common examples include a state-issued driver’s license or identification card, a U.S. military card, or a school identification card with a photograph. Since List B documents do not prove the right to work, they must be paired with a document from List C.
List C documents solely establish the employee’s authorization to work in the United States. This list includes items such as an unrestricted Social Security Account Number card or a Certificate of Report of Birth issued by the Department of State. When an employee presents a List B and List C combination, the two documents together fulfill the complete verification requirement.
The Role of the Birth Certificate in Employment Verification
A certified copy of a U.S. birth certificate is an acceptable document for Form I-9, but it is not mandatory for employment. If a new hire presents a document from List A, such as a U.S. passport, they do not need to provide their birth certificate. The birth certificate is simply one option available to satisfy the employment verification requirement.
A certified copy of a birth certificate issued by a state, county, municipal authority, or U.S. territory, and bearing an official seal, is classified as a List C document. Because it is a List C document, it only confirms the individual’s authorization to work. Therefore, a birth certificate must always be presented alongside a List B document, such as a government-issued photo ID, to prove both work authorization and identity.
For Form I-9 purposes, the employer must only accept an original or certified copy of the birth certificate. A certified copy of the birth certificate is an exception to the general rule that photocopies are not acceptable for I-9 review. The employer must examine the physical document to ensure it appears genuine and relates to the employee who presents it.
What to Do If You Do Not Have Your Birth Certificate
If you need your birth certificate for I-9 verification but cannot locate it, you must obtain a replacement copy.
Obtaining a Replacement
Contact the vital records office in the state or territory where you were born. Each state maintains its own registry and has specific procedures for requesting a replacement. Locate the official website for that state’s vital records or public health department to find the correct application process.
Requirements for obtaining a replacement include completing an application form, providing personal information, and presenting a valid government-issued photo identification. You will also be required to pay a fee, which varies by state and may increase for expedited processing. In some cases, if all other forms of identification are lost, the state may accept a sworn statement or a notarized letter from a parent listed on the original certificate.
Using a Receipt for I-9
For Form I-9 purposes, if your birth certificate is lost, stolen, or damaged, you may present the official receipt of your application for a replacement. This receipt is valid for a temporary period, typically 90 days. During this time, you must present the actual replacement document to your employer. This receipt rule provides a grace period, allowing the onboarding process to continue while you wait for the certified copy to arrive.
Other Documents Needed During Onboarding
Beyond the identity and work authorization documents required for Form I-9, the job onboarding process involves other administrative paperwork necessary for tax and payroll purposes. These documents are generally not used for federal employment eligibility verification but are essential for a new hire to be properly set up in the company’s system.
These non-verification documents ensure the company can legally pay you, withhold taxes correctly, and maintain essential operational records. Common requirements include:
- Completion of federal and state tax withholding forms, such as the W-4 form. This document informs your employer how much federal income tax to withhold from your wages based on your personal situation.
- Information for direct deposit, typically a voided check or a direct deposit form from your bank that includes your account and routing numbers.
- Emergency contact information to keep on file in case of an incident during working hours.
- Copies of professional licenses, certifications, or educational degrees that were prerequisites for the position.