Eligibility to Work in the USA - Important Form I-9 Acceptable Documents

What Is This Form?

It is a document mandated by the Immigration Reform and Control Act of 1986 (IRCA). U.S. employers must complete this form for every new employee hired, whether U.S. citizens or noncitizens.

Form I-9 is not just a formality. It serves as a legal safeguard, ensuring all employees are eligible to work within the U.S. Employers must complete and maintain this form as part of the hiring process.

Why Is It Important?

It is vital for both employers and employees. For employers, it helps ensure compliance with federal regulations, prevents illegal employment practices, and avoids fines. For employees, it verifies their legal right to work in the United States. 

It is a fundamental part of the new hires’ onboarding process, requiring careful attention to detail to avoid errors and potential legal issues.

How to Fill Out I-9 Form

The form has two primary sections. Here’s a step-by-step guide on how to fill it out:

Section 1: Employee’s Responsibilities

The employee must fill it out and provide the following information:

• Full Legal Name: This should appear on official documents.
• Current Address: The address where the employee resides.
• Date of Birth: For verification purposes.
• Citizenship Status: Indicating whether they are U.S. citizens, lawful permanent residents, or aliens authorized to work.
• Document Numbers: If applicable, such as an Alien Registration Number (A-Number).

The employee must sign and date this section to confirm that the information provided in the I-9 form documents is accurate. They must do this on or before their first day of employment.

Section 2: Employer’s Responsibilities

In Section 2, the employer is responsible for:

• Reviewing Identification Documents: Employers must verify the documents provided by the employee, which prove their identity and employment eligibility.
• Entering Document Details: The employer must record each document’s title, issuing authority, and expiration date.
• Completing the Form: The employer must sign and date the form, confirming that they have reviewed and accepted the documents.

Employers should ensure they are familiar with the printable I-9 form and the various acceptable documents to avoid errors.

Acceptable Documents

Below is a list of legal documents employees can present and submit to verify their identity and work authorization. These documents are divided into three:

List A: Documents Showing Both Identity and Employment Authorization

• U.S. Passport
• Alien Registration Receipt or Permanent Resident Card
• Employment Authorization Document (EAD) Card
• Certain Foreign Passports with a Form I-94 or Form I-94A

List B: I-9 Form Documents Showing Identity Only

• Driver’s License issued by a particular state or an outlying territory of the U.S.
• Identification Card issued by a particular state or an outlying territory of the U.S., such as a voter registration card.
• U.S. Military Card or draft record
• Native American Tribal Document

List C: Documents Showing Employment Authorization Only

• Social Security Card
• Certificate of Birth Abroad
• Certificate of Report of Birth issued by the Department of State
• Consular Report of Birth Abroad
• Original/Certified Copy of Birth Certificate

Common Mistakes and How to Avoid Them

Ensuring accuracy on the Form I-9 is crucial to prevent costly penalties. Common errors include:

• Incomplete Forms: Ensure all required fields are filled out completely.
• Incorrect Documentation: Verify that documents are genuine and match the descriptions provided in the form.
• Outdated Versions: Always use the latest version of the form to avoid compliance issues.

Employers should also be cautious about discriminating against employees based on their document choices or citizenship status. Follow the guidelines strictly and avoid requesting specific documents that are not required.