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Yes.  A driver authorization or driver privilege card issued by a State or outlying possession of the United States is an acceptable List B document, if it contains a photograph or identifying information such as name, date of birth, sex, height, color of eyes, and address.  An employer must examine the document presented by its employee and determine whether it meets Form I-9 requirements.  If the employer accepts a driver authorization or driver privilege card as a List B document, the employer must also examine a List C document establishing employment authorization.

Last Reviewed/Updated: 
05/19/2015

The fact that an employee presents or an employer accepts a driver privilege or authorization card that meets Form I-9 requirements as a List B identity document does not, in and of itself, support a conclusion that the employer had actual or constructive knowledge (i.e. knew or should have known) that an employee is not employment authorized.

Under DHS regulations (8 CFR 274a.1(l)), whether an employer is considered to have actual or constructive knowledge that an employee is not authorized to work is determined on a case-by-case basis and depends upon all of the facts and variables specific to the individual case. 

Under 8 CFR 274a.1(l), a knowing hire violation can include, in addition to actual knowledge of unlawful status, constructive knowledge that may be fairly inferred through notice of certain facts and circumstances, which would lead the employer through the exercise of reasonable care, to know about a certain condition.  Knowledge that an employee is unauthorized may not be inferred from an employee’s foreign appearance or accent.

Last Reviewed/Updated: 
05/21/2015

No. You must accept any document that satisfies Form I-9 requirements. You may reject a document if it does not reasonably appear to be genuine or to relate to the employee. Rejecting a document that satisfies Form I-9 requirements may constitute illegal discrimination under the Immigration and Nationality Act’s anti-discrimination provision or Title VII of the Civil Rights Act of 1964.

Last Reviewed/Updated: 
05/19/2015

Yes. The notation "FEDERAL LIMITS APPLY," “NOT ACCEPTABLE FOR OFFICIAL FEDERAL PURPOSES” or a similar notation on the front or back of a state-issued driver’s license indicates it does not meet the standards for the issuance and production of a compliant card under the REAL ID Act (for information on REAL ID, see http://www.dhs.gov/secure-drivers-licenses).

A driver’s license with this type of notation is, however, an acceptable List B document if it contains a photograph or identifying information such as name, date of birth, sex, height, color of eyes, and address. An employer must examine the document presented by its employee and determine whether it meets Form I-9 requirements. If the employer accepts any document, including a state-issued license with a limiting notation, as a List B document, the employer must also examine a List C document establishing employment authorization.

Last Reviewed/Updated: 
05/19/2015

If I accept a driver’s license that includes the notation "FEDERAL LIMITS APPLY," “NOT ACCEPTABLE FOR OFFICIAL FEDERAL PURPOSES,” or other similar notation on the front or back of the license, as a List B identity document will that show I knew or should have known that my employee is not authorized to work?

The fact that an employee presents or an employer accepts as a List B identity document a driver’s license that meets Form I-9 requirements but contains "FEDERAL LIMITS APPLY," “NOT ACCEPTABLE FOR OFFICIAL FEDERAL PURPOSES,” or other similar notation on the front or back of the license, does not, in and of itself, support a conclusion that the employer had actual or constructive knowledge (i.e. knew or should have known) that an employee is not employment authorized. 

Under DHS regulations (8 CFR 274a.1(l)), whether an employer is considered to have actual or constructive knowledge that an employee is not authorized to work is determined on a case-by-case basis and depends upon all of the facts and variables specific to the individual case. 

Under 8 CFR 274a.1(l), a knowing hire violation can include, in addition to actual knowledge of unlawful status, constructive knowledge that may be fairly inferred through notice of certain facts and circumstances, which would lead the employer through the exercise of reasonable care, to know about a certain condition.  Knowledge that an employee is unauthorized may not be inferred from an employee’s foreign appearance or accent.

Last Reviewed/Updated: 
05/19/2015

No.  You must accept any document that satisfies Form I-9 requirements. You may reject a document if it does not reasonably appear to be genuine or to relate to the employee. Rejecting a document that satisfies Form I-9 requirements may constitute illegal discrimination under the Immigration and Nationality Act’s anti-discrimination provision or Title VII of the Civil Rights Act of 1964. Employees presenting a driver’s license for identification purposes must also present a List C document to show work authorization.

Last Reviewed/Updated: 
05/19/2015

I understand that some states, such as California, issue certain types of driver’s licenses, driver authorization cards, or driver privilege cards to individuals who do not present evidence of lawful presence in the United States.  If I recognize a driver’s license or card presented to me for Form I-9 List B purposes as this type of license or card, should I still accept it?

Yes.  Form I-9 requirements do not distinguish between different types of driver’s licenses or cards.  If the license or card reasonably appears to be genuine and to relate to the individual, and otherwise meets Form I-9 requirements (contains a photograph or identifying information such as name, date of birth, sex, height, color of eyes, and address), it should be accepted. If the employer accepts any document, including a state-issued license with a limiting notation, as a List B document, the employer must also examine a List C document establishing employment authorization.

The fact that an employee presents or an employer accepts a List B identity document such as a driver’s license or card that meets Form I-9 requirements but is a license or card issued by a state that does not require evidence of lawful presence in the United States, does not, in and of itself, support a conclusion that the employer had actual or constructive knowledge (i.e. knew or should have known) that an employee is not employment authorized. 

Under DHS regulations (8 CFR 274a.1(l)), whether an employer is considered to have actual or constructive knowledge that an employee is not authorized to work is determined on a case-by-case basis and depends upon all of the facts and variables specific to the individual case. 

Under 8 CFR 274a.1(l), a knowing hire violation can include, in addition to actual knowledge of unlawful status, constructive knowledge that may be fairly inferred through notice of certain facts and circumstances, which would lead the employer through the exercise of reasonable care, to know about a certain condition.  Knowledge that an employee is unauthorized may not be inferred from an employee’s foreign appearance or accent.

 

Last Reviewed/Updated: 
05/22/2015

A state ID card without an expiration date is an acceptable List B document if it meets the regulatory requirements (must contain a photograph or identifying information) and appears to be genuine and to relate to the person presenting it.

Last Reviewed/Updated: 
11/25/2014

The NEXUS card is an acceptable List B #2 document.

Last Reviewed/Updated: 
03/27/2014

No. The Canadian government issues the INAC cards.  These cards are not acceptable for Form I-9 purposes.

Last Reviewed/Updated: 
03/27/2014

No. The Mexican government issues consular ID cards to Mexican nationals living in the United States. These cards are not acceptable proof of identity for Form I-9.

Last Reviewed/Updated: 
03/27/2014

A state-issued temporary driver’s license is an acceptable Form I-9 List B document if it contains a photograph or identifying information such as name, date of birth, gender, height, eye color, and address. Any conditions on the temporary driver’s license, such as that the expired license must accompany the temporary driver’s license for it to be valid, must be followed.

Last Reviewed/Updated: 
11/25/2014

Each of the 564 federally recognized tribes may issue its own unique tribal document. USCIS does not have examples of these tribal documents nor can it provide guidelines on specific tribal documents. 

Last Reviewed/Updated: 
03/27/2014

SENTRI cards, also known as Trusted Traveler cards, are acceptable under List B, #2 as an ID card issued by a federal agency. SENTRI cards are issued by Customs and Border Protection (CBP).

Last Reviewed/Updated: 
03/27/2014

No, the enhanced driver’s license is a List B document.

Last Reviewed/Updated: 
03/27/2014

The DD-214 is an acceptable List B #5 document for Form I-9.

Last Reviewed/Updated: 
03/27/2014

If the school ID contains no expiration date other than the school year, it expires at the end of the school year printed on it.

Last Reviewed/Updated: 
03/27/2014

You may make a photocopy of the military ID card for Form I-9 purposes. Under the Immigration and Nationality Act governing the Form I-9 process, the copying of documentation is permitted. 

Last Reviewed/Updated: 
03/27/2014