Securing employment in the United States legally requires every new hire to verify both their identity and authorization to work. This mandatory step ensures compliance with federal statutes designed to maintain a lawful workforce. Understanding the specific documentation required for this verification process is important for job seekers. This guide details the acceptable forms of identification and employment authorization recognized by federal law.
The Legal Mandate for Identity Verification
The requirement for identity verification stems directly from the Immigration Reform and Control Act (IRCA) of 1986. This federal law mandates that employers confirm every new employee, regardless of citizenship status, is legally authorized to work in the United States. The verification must confirm both the employee’s identity and their eligibility to accept employment.
To meet this obligation, employers must utilize Form I-9, the Employment Eligibility Verification. This form serves as the official record that an employee has presented acceptable documentation proving both who they are and their legal right to accept employment. The process is mandatory; failure to accurately complete the I-9 process can result in significant penalties for the business. The employee must complete their portion of the form upon beginning employment, and the employer must review the documentation and complete their section shortly thereafter.
Acceptable Documents for Employment Eligibility
The documentation system for employment eligibility is structured around three distinct categories: List A, List B, and List C. A new employee must satisfy the verification requirement by presenting either one document from List A, or a combination of one document from List B and one document from List C. An employer cannot require more than the minimum number of documents needed to meet the federal verification standard.
List A: Documents That Establish Both Identity and Employment Authorization
List A documents are sufficient on their own because they simultaneously verify the employee’s identity and legal authorization to work in the United States. Only a single List A document is needed to complete the verification process.
The most commonly accepted documents in this category are an unexpired United States Passport or a United States Passport Card. Other documents include a Permanent Resident Card, often referred to as a Green Card, or an unexpired Foreign Passport containing a temporary I-551 stamp or a machine-readable immigrant visa. For non-immigrant workers, an unexpired Employment Authorization Document (EAD) issued by the Department of Homeland Security also qualifies as a List A document.
List B: Documents That Establish Identity Only
List B documents establish the employee’s identity but do not prove the legal right to work in the United States. Therefore, a List B document must always be paired with an item from List C to complete the verification process.
Standard identification documents, such as a state-issued driver’s license or an identification card issued by a state or local government agency, are the most frequently used items. The documents presented must be unexpired to be considered valid for the process. For individuals under the age of 18 who cannot present standard forms, a school identification card with a photograph or a clinic, doctor, or hospital record can be acceptable. A U.S. Military card or draft record also qualifies for List B.
List C: Documents That Establish Employment Authorization Only
List C documents confirm the employee’s authorization to work but do not establish their identity, requiring a pairing with a List B item for full verification. The Social Security Card is the most common document used, provided it does not contain restrictions such as “NOT VALID FOR EMPLOYMENT.” Restrictions indicate a limited work status that may require different documentation.
Other acceptable forms of employment authorization include:
- A certified copy of a birth certificate issued by a state, county, municipal authority, or territory of the United States.
- A Certification of Report of Birth issued by the Department of State (Form FS-545 or DS-1350).
- An unexpired employment authorization document issued by the Department of Homeland Security.
Handling Missing or Expired Documentation
Job applicants occasionally encounter situations where they have lost the required documents or are waiting for a government agency to process a renewal or replacement. In these instances, federal regulations allow for a temporary measure to begin employment while the replacement document is secured. A receipt for the application of a replacement document can serve as a temporary substitute for 90 days from the date of hire.
This rule applies to receipts for documents like a lost driver’s license, a lost Social Security card, or a lost Permanent Resident Card (I-551). The employee must physically present the actual replacement document to the employer before the 90-day period expires to maintain continuous employment eligibility. If the employee fails to present the actual document within the 90-day window, the employer is required to end the employment relationship.
Furthermore, documentation presented for verification must generally be unexpired, as the date of expiration typically invalidates the document for the purpose of the I-9 process. Certain documents, such as a List B driver’s license that expired while the employee was on military active duty, may have specific regulatory exceptions allowing their temporary use.
Employer Obligations and Prohibited Practices
While verification is mandatory, employers are subject to strict anti-discrimination provisions regarding the selection of acceptable documents. Federal law prohibits an employer from dictating which specific document an employee must present to verify their identity and work authorization. An employer cannot, for example, insist that an employee provide a U.S. Passport if the employee offers a valid combination of a state ID and a Social Security card instead.
This practice is defined as “document abuse,” which is illegal under the anti-discrimination provisions related to the verification process. These protections, stemming from the IRCA legislation, ensure that all legally authorized workers are treated equally regardless of national origin or citizenship status. Employers must accept any combination of documents that meets the List A or List B and C requirements, provided the documents reasonably appear to be genuine.