What Documents are Needed for I-9 Form
As employer, crucial understand documents required I-9 form. I-9 form used verify identity employment individuals hired employment United States. Having the right documents not only ensures compliance with immigration laws but also helps in preventing penalties and fines. Let`s take closer look documents needed I-9 form.
Acceptable Documents for the I-9 Form
When completing I-9 form, employees required present document List A combination document List B List C. List A documents establish both identity and employment eligibility, while List B and List C documents establish identity and employment eligibility, respectively.
List – Documents Establish Both Identity Employment Eligibility
| Document Title | Issuing Authority |
|---|---|
| U.S. Passport U.S. Passport Card | U.S. Department State |
| Permanent Resident Card or Alien Registration Receipt Card (Form I-551) | U.S. Citizenship and Immigration Services |
| Employment Authorization Document (EAD) (Form I-766) | U.S. Citizenship and Immigration Services |
List – Documents Establish Identity
| Document Title | Issuing Authority |
|---|---|
| State-issued driver`s license or ID card | State Department of Motor Vehicles |
| U.S. Military ID Card | U.S. Department Defense |
| Native American Tribal Document | Federal or State-recognized Indian tribe |
List – Documents Establish Employment Eligibility
| Document Title | Issuing Authority |
|---|---|
| Social Security Card | Social Security Administration |
| Original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying possession of the United States bearing an official seal | State Department of Health |
| Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350) | U.S. Department State |
It`s important to note that employees must present unexpired original documents. Photocopies expired documents acceptable I-9 form. Additionally, employers are required to examine the documents to determine whether they appear to be genuine.
Understanding the documents needed for the I-9 form is essential for employers to ensure compliance with immigration laws and avoid potential penalties. By familiarizing themselves with the acceptable documents and their requirements, employers can streamline the process of verifying the identity and employment eligibility of their employees.
References:
- https://www.uscis.gov/i-9-central/acceptable-documents
- https://www.dol.gov/agencies/whd/i-9
Top 10 Legal Questions About I-9 Form Documents
| Question | Answer |
|---|---|
| What documents are required for the I-9 form? | The I-9 form requires employees to present documents that establish their identity and eligibility to work in the U.S. These documents include a passport, permanent resident card, employment authorization document, or a combination of a driver`s license and social security card. |
| Can a foreign passport be used for the I-9 form? | Yes, a foreign passport can be used as a stand-alone document to establish both identity and work authorization on the I-9 form. |
| Are documents required for remote employees? | Yes, remote employees must still present their documents for the I-9 form. Employers can use authorized representatives to verify these documents. |
| Can an expired document be used for the I-9 form? | No, expired documents used I-9 form. Employees must present unexpired documents to establish their identity and work authorization. |
| What if an employee`s documents are in a different name? | If an employee`s documents are in a different name, they must provide additional documentation, such as a marriage certificate or court order, to connect their current name with the name on the documents. |
| Can a driver`s license be used for both identity and work authorization? | No, a driver`s license can only be used to establish identity on the I-9 form. It cannot be used to establish work authorization. |
| Are there any specific rules for List A documents? | List A documents, such as a passport or permanent resident card, are stand-alone documents that establish both identity and work authorization. They do not require additional documentation. |
| Can an employee use a social security card for the I-9 form? | Yes, a social security card can be used to establish work authorization on the I-9 form. However, it must be presented alongside another document to establish identity. |
| Are employees required to provide original documents for the I-9 form? | Yes, employees must provide original documents to establish their identity and work authorization on the I-9 form. Photocopies or scanned copies are not acceptable. |
| Can an employee use a receipt for the I-9 form? | Employees can use a receipt for a lost, stolen, or damaged document as a temporary measure for the I-9 form. However, they must provide the actual document within 90 days of employment. |
Contract for Required Documents for I-9 Form
This Contract for Required Documents for I-9 Form («Contract») entered on this [Date] by between Employer Employee, collectively referred the «Parties.»
| Section 1: Purpose |
|---|
| This Contract is entered into for the purpose of outlining the necessary and required documents for the completion of Form I-9, Employment Eligibility Verification, as required by the Immigration Reform and Control Act of 1986 (IRCA). |
| Section 2: Required Documents |
|---|
| The Employer shall require the Employee to present original documents that establish their identity and employment authorization. The documents acceptable for Form I-9 are listed in the «Lists of Acceptable Documents» provided by the U.S. Citizenship and Immigration Services (USCIS). |
| Section 3: Compliance Laws |
|---|
| The Parties shall comply with all applicable federal, state, and local laws and regulations pertaining to the completion of Form I-9 and the verification of employment eligibility. |
| Section 4: Representations Warranties |
|---|
| The Employee represents and warrants that the documents provided for Form I-9 are genuine and relate to the Employee, and that any information provided is accurate and truthful to the best of their knowledge. |
| Section 5: Governing Law |
|---|
| This Contract shall be governed by and construed in accordance with the laws of the [State], without regard to its conflict of laws principles. |
IN WITNESS WHEREOF, the Parties have executed this Contract as of the date first above written.