What documents are acceptable to verify employment authorization? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.

Details / How it works

Per 8 CFR § 274a.2(b)(1)(v), an individual must present acceptable documentation to the employer within the time limits in paragraphs (b)(1)(ii) through (b)(1)(v). The employer must physically examine (or examine under an alternative procedure under (b)(1)(ix)) the documents, ensure they appear genuine and relate to the individual, and record the identification number and expiration date in the Form I-9. The regulation divides acceptable documents into three categories:

• List A — establishes both identity and employment authorization (one document suffices).
• List B — establishes identity only (must be combined with a List C document).
• List C — establishes employment authorization only (must be combined with a List B document).

Only unexpired documents are acceptable, and an employer may not request more or different documents than required by section 274(b) of the Act, nor refuse documents that on their face reasonably appear genuine.

Numbers & thresholds

Exceptions & edge cases

• Reverification upon auto-extension. If an EAD (Form I-766) was presented with a Notice of Action (Form I-797C) stating the original EAD was automatically extended under 8 CFR 274a.13(d), reverification applies on expiration of the automatically extended validity period, not the date on the face of the EAD.
• Hires under 3 business days. Per (b)(1)(iii), the employer must examine the document and complete Form I-9 at the time of hire; receipts are not acceptable.
• Receipts accepted. Per (b)(1)(vi), employers must accept a receipt in lieu of the required document when the individual has applied for a replacement of a lost/stolen/damaged document, presents Form I-94/I-94A with a temporary I-551 stamp (Lawful Permanent Resident receipt), or presents Form I-94/I-94A with an unexpired refugee admission stamp, subject to the 90-day presentment rule for the follow-on document.
• Minors under 18 unable to produce a List B document. Per (b)(1)(v)(B)(3), the minor is exempt from producing a List B document if the parent/legal guardian writes "minor under age 18" in the signature space, completes the Preparer/Translator certification, and the employer writes "minor under age 18" in the Document Identification # field in Section 2. Acceptable identity documents for minors who can produce one include a school record/report card, clinic/hospital record, or daycare/nursery school record.
• Individuals with handicaps in special placement. Per (b)(1)(v)(B)(4), the procedures for minors may be used (substituting "special placement" for "minor under age 18") when the individual is placed by a nonprofit organization, association, or rehabilitation program.
• Northern Mariana Islands transition. For two years from the transition program effective date (as defined in 8 CFR 1.1), certain CNMI documents (e.g., unexpired foreign passport plus Alien Entry Permit with red band) are acceptable in addition to the standard List A documents.
• Continuing employment exception. Per (b)(1)(viii), an employer is not deemed to have hired an individual if the individual is continuing employment with a reasonable expectation of returning (e.g., approved leave, promotion, temporary layoff, strike, reinstatement, transfer within the same employer, seasonal employment, or continuation with a related/successor/reorganized employer), so reverification is not triggered.
• Copies of documents. Per (b)(3), an employer may (but is not required to) copy or electronically image a presented document; if copied, it must be retained with the Form I-9 or stored with the employee's records. Copying documents selectively based on national origin or citizenship status may violate section 274B of the Act.
• Rehire within 3 years. Per (c), if an employer previously completed a Form I-9 for the individual and rehires within 3 years of the initial execution, the previously executed Form I-9 is sufficient (with an update for rehire date), absent expired employment authorization requiring reverification under (b)(1)(vii).