So you’ve hired an employee. Congratulations! Now what? One of the new employee forms your team member must complete is Form I-9, Employment Eligibility Verification. And to complete the required form and prove their eligibility, your new hire must bring in I-9 documents.
What are I-9 documents? How many I-9 documents does your employee need to show you?
Read on to get your questions answered for federal compliance and a smooth onboarding process.
What is the purpose of the I-9 form?
The I-9 form verifies a new employee’s identity and work eligibility in the United States.
The U.S. Citizenship and Immigration Services (USCIS) requires Form I-9 in the workplace. Every U.S. employer must have new employees fill out Form I-9 on or before their first day of work. That way, you have their form before you run payroll.
Do you know how to fill out Form I-9? There are two main sections, plus two supplement documents:
- Section 1: Employee Information and Attestation
- Section 2: Employer Review and Verification
- Supplement A, Preparer and/or Translator Certification for Section 1 (if applicable)
- Supplement B, Reverification and Rehire (formerly Section 3) (if applicable)
Employees fill out “Section 1: Employee Information and Attestation.” Employers fill out “Section 2: Employer Review and Verification” after the employee provides their I-9 documents.
Time is ticking. You have three business days after the employee’s first day of employment to examine their I-9 documents and complete Section 2.
What documents are needed for I-9?
The USCIS provides a list of acceptable documents your new employee must bring for I-9 verification.
Qualifying I-9 documents must be original, unexpired, and establish an employee’s identity and work authorization in the United States.
The USCIS breaks up the I-9 documents into three lists:
- List A: Documents that establish both identity and employment authorization
- List B: Documents that establish identity
- List C: Documents that establish employment authorization
An employee must bring one document from List A OR one document from List B AND one document from List C.
List A (identity and employment authorization) documents include U.S. Passports and Permanent Resident Cards.
List B (identity) documents include driver’s licenses and U.S. Military cards.
List C (employment authorization) documents include Social Security Account Number cards and U.S. birth certificates.
You cannot tell the employee which type of ID they need to bring in. They can choose the form(s) of ID from the USCIS approved list.
How many forms of ID do you need for I-9?
Employees either need one or two forms of ID for Form I-9. The number of forms of ID depends on which document(s) they provide.
- One document: One List A document
- Two documents: One List B document AND one List C document
I-9 documents list
Take a look at the USCIS’ following list of acceptable I-9 documents.
Your employee must provide either one document from List A, or one document from List B AND one document from List C.
You’ll either receive one document from List A or two documents, one from both List B and List C. Both options are acceptable.
List A (one document total)
| List A (1 document) Identity and Employment Authorization |
|---|
| U.S. Passport or U.S. Passport Card |
| Permanent Resident Card or Alien Registration Receipt Card (Form I-551) |
| Foreign passport containing a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa |
| Employment Authorization Document that contains a photograph (Form I-766) |
| Foreign passport AND Form I-94 or Form I-94A* (Form I-94 or I-94A must include the same name as the passport and an endorsement of the individual’s status or parole as long as that period of endorsement has not expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form) *Applies to individuals temporarily authorized to work for a specific employer because of their status or parole |
| Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI |
List B and List C (two documents total)
| List B (1 document) Identity | List C (1 document) Employment Authorization |
|---|---|
| Driver’s license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address | Social Security Account Number card, unless it includes one of the following restrictions:NOT VALID FOR EMPLOYMENTVALID FOR WORK ONLY WITH INS AUTHORIZATIONVALID FOR WORK ONLY WITH DHS AUTHORIZATION |
| School ID card with a photograph | Certification of report of birth issued by the Department of State (Forms DS-1350, FS-545, FS-240) |
| Voter’s registration card | Original or certified copy of birth certificate issued by a State, county, municipal authority, or territory of the United States bearing and official seal |
| U.S. Military card or draft record | Native American tribal document |
| Military dependent’s ID card | U.S. Citizen ID Card (Form I-197) |
| U.S. Coast Guard Merchant Mariner Card | Identification Card for Use of Resident Citizen in the United States (Form I-179) |
| Native American tribal document | Employment authorization document issued by the Department of Homeland Security (does not include Form I-766, which is a List A document) |
| Driver’s license issued by a Canadian government authority | |
| People under age 18 who can’t present one of the above documents can provide: -School record or report card -Clinic, doctor, or hospital record -Day-care or nursery school record |
What happens if you don’t fill out an I-9?
You may be subject to civil money penalties if you and your new hire do not fill out Form I-9.
Penalties can range from $250 to $10,000. There is also a civil money penalty for paperwork violations that ranges from $100 to $1,000.
What happens if the employee doesn’t provide I-9 documents?
You can terminate an employee who doesn’t bring in I-9 document(s) within three business days after the date their employment begins.
Frequently asked questions about I-9 documents
You and your new employee may have questions about what does and doesn’t count as an I-9 document. Here are some FAQs on the subject.
Yes, a driver’s license is a suitable document for Form I-9.
However, a driver’s license cannot be the only form of ID you accept from an employee. A driver’s license is a List B document that only establishes identity. You must also collect a List C document that establishes employment authorization.
Yes, a birth certificate is an I-9 document.
However, a birth certificate cannot be the only I-9 document you accept from an employee. A birth certificate is a List C document that only establishes employment authorization. You must also collect a List B document that establishes identity.
An example of two forms of I-9 documents include a driver’s license and a birth certificate.
Another example of two forms of ID include a voter’s registration card and valid Social Security Account Number Card.
If your new hire doesn’t provide an I-9 document, they may present a document from the USCIS’ “Acceptable Receipts” list. These receipts are only good for a temporary period.
One example of an acceptable receipt is a receipt for a replacement of a lost, stolen, or damaged List A document.
Another example is a receipt for a replacement of a lost, stolen, or damaged List B document AND a receipt for a replacement of a lost, stolen, or damaged List C document.
What is the difference between a W-2 and an I-9?
There are several employment-related forms you’ll manage, including both Forms I-9 and W-2. Here are key differences between the common forms.
| Form I-9, Employment Eligibility Verification | Form W-2, Wage and Tax Statement | |
|---|---|---|
| Purpose | Verifies work eligibility | Reports wages and taxes |
| When to Use | On or before a new employee’s first day of work | Use your payroll software to generate W-2s after year-end, then send to employees by January 31 |
| Who Completes It | Employee and employer | Employer |
| Where to Send | Keep in your records | Send to the Social Security Administration (SSA), state and local agencies, and the employee |
Employer I-9 responsibilities summed up
Collecting and reviewing I-9 documents from your new hire is an essential employer responsibility. By verifying your new employee’s identity and work eligibility in the United States, you can comply with federal rules and avoid costly penalties.
The first step in compliant Form I-9 administration? Knowing what I-9 documents the USCIS will accept. Acceptable I-9 documents include passports, driver’s licenses, and birth certificates.
Make sure your employee brings either one document from List A (e.g., passport) or one document from List B (e.g., license) AND one document from List C (e.g., Social Security card).
After you and your new hire have completed Form I-9 and other onboarding paperwork (e.g., Form W-4), you can add the employee to your online payroll. Save a copy of Form I-9 and other new hire paperwork in your records.
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This is not intended as legal advice; for more information, please click here.
