Starting a new job in the United States requires providing documentation that proves identity and legal authorization to work. This process is mandatory for all new hires, regardless of citizenship or immigration status. Understanding which documents are acceptable and the specific rules surrounding their verification is important for a smooth start to employment.
The Legal Mandate: Why Identity Verification Is Required
Federal law requires every U.S. employer to verify the identity and employment eligibility of every new hire. This mandate stems from the Immigration Reform and Control Act of 1986 (IRCA), which places the responsibility for verification directly on the employer to prevent the hiring of unauthorized workers.
The tool used for this legal obligation is the Employment Eligibility Verification Form, commonly known as Form I-9. The form requires both the employee and the employer to complete sections and attest to the information under penalty of perjury. Employers must complete the form for every new employee, regardless of whether they are working full-time or part-time.
The employer must examine the documents presented by the new hire to ensure they appear genuine and relate to the individual. This is a standard compliance measure for all employees, including U.S. citizens and permanent residents. Failure to properly complete and retain the form can result in significant legal penalties and fines for the employer.
Understanding the I-9 Document Lists
Federal verification requirements allow employees to choose which documents they present from a specific list of acceptable items. An employee must provide either one document from List A, which proves both identity and work authorization, or a combination of one document from List B and one document from List C. This structure ensures that both identity and the right to work are established for every new hire.
The employer cannot specify which document an employee must present, provided the chosen item is on the official list and is unexpired. The lists are designed to be flexible, recognizing that not all authorized individuals possess the same documentation.
List A Documents
List A documents simultaneously establish both the employee’s identity and authorization to work in the United States. An employee who presents one document from this list satisfies the entire verification requirement.
Examples of List A documents include:
- An unexpired U.S. Passport.
- An unexpired U.S. Passport Card.
- A Permanent Resident Card (Form I-551), often called a Green Card.
- An Employment Authorization Document (EAD) card (Form I-766) that contains a photograph.
List B Documents
If an employee does not present a List A document, they must provide one document from List B to establish their identity. List B documents confirm identity but do not prove the right to work.
Common examples of accepted List B documents include:
- A driver’s license or identification card issued by a state or U.S. possession.
- A U.S. military card or draft record.
- A school ID card that includes a photograph.
These cards must contain a photograph or identifying information, such as name, date of birth, and address.
List C Documents
When an employee presents a List B document for identity, they must pair it with one document from List C to establish employment authorization. List C documents prove the right to work but do not confirm identity.
The most frequently presented List C document is a Social Security Account Number card issued by the Social Security Administration. Other options include an original or certified copy of a birth certificate issued by a U.S. state, county, or municipal authority that bears an official seal. A Certification of Report of Birth issued by the Department of State (such as Forms DS-1350 or FS-545) is also acceptable.
The Verification Timeline and Process
The verification process is subject to a strict federal timeline. The new employee must complete and sign Section 1 of Form I-9, providing personal information and attesting to their status, no later than their first day of employment.
The employer, or an authorized representative, must then review the documentation and complete Section 2 within three business days of the employee’s start date. The employer must physically examine the original documents presented, confirming they appear genuine and relate to the employee. Photocopies are generally not acceptable, except for a certified copy of a birth certificate.
Handling Missing or Expired Documents
If a new employee does not have required documentation immediately available (e.g., due to loss or damage), they can present an official “receipt” as a temporary substitute. This receipt is valid for 90 days from the date of hire, allowing the employee to begin working while waiting for the replacement.
By the end of the 90-day period, the employee must present the actual replacement document or an acceptable alternative from the Lists. A receipt cannot be accepted if the employment is scheduled to last for fewer than three business days. Employers must also track the expiration dates of certain List A or List C documents, such as Employment Authorization Documents, to conduct a re-verification before they expire.
Employee Rights and Employer Obligations
Federal law includes provisions to protect employees from discriminatory practices during the verification process. The Immigration and Nationality Act (INA) prohibits discrimination based on national origin or citizenship status during hiring and verification.
A major protection is the prohibition of “document abuse,” which occurs when an employer improperly requests more or different documents than required for Form I-9. For example, an employer cannot insist on a specific document, such as a Permanent Resident Card, if the employee offers a different valid document from the acceptable Lists. The employee has the right to choose any combination of acceptable documents, and rejecting documents that appear genuine is considered abuse. Employers must maintain a consistent, uniform practice for all new hires and ensure the privacy and security of the completed Form I-9 documentation.