Skip to main content
This is the USCIS preview website. Visit uscis.gov for the official USCIS site.
USCIS Response to Coronavirus (COVID-19)
U.S. flag
An official website of the United States government    Here's how you know
Español
Multilingual Resources
Official Government Website

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Website

Secure .gov websites use HTTPS
A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
 
Sign In  
Access USCIS online services.
  • Sign In
  • Create Account
Sign In
Create Account
Horizontal Menu
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
  • Contact us
  • Multilingual Resources
  • Ask Emma
Book outline for Handbook for Employers M-274
  • Handbook for Employers M-274
    • 1.0 Why Employers Must Verify Employment Authorization and Identity of New Employees
    • 2.0 Who Must Complete Form I-9
    • 3.0 Completing Section 1 of Form I-9
    • 4.0 Completing Section 2 of Form I-9
    • 5.0 Completing Section 3 of Form I-9
    • 6.0 Evidence of Status for Certain Categories
      • 6.1 Lawful Permanent Residents (LPR)
      • 6.2 Native Americans
      • 6.3 Refugees and Asylees
      • 6.4 Exchange Visitors and Students
      • 6.5 H-1B Specialty Occupations
      • 6.6 H-2A Temporary Agricultural Worker Program
      • 6.7 Extensions of Stay for Other Nonimmigrant Categories
      • 6.8 T and U Nonimmigrant Status
      • 6.9 Other Temporary Workers
    • 7.0 Rules for Continuing Employment and Other Special Rules
    • 8.0 Correcting Errors or Missing Information on Form I-9
    • 9.0 Retaining Form I-9
    • 10.0 Unlawful Discrimination and Penalties for Prohibited Practices
    • 11.0 Instructions for Agricultural Recruiters and Referrers for a Fee
    • 12.0 Acceptable Documents for Verifying Employment Authorization and Identity
    • 13.0 Some Questions You May Have About Form I-9
    • Summary of Changes
    • Table of Contents
Breadcrumb
  1. Home
  2. Handbook for Employers M-274

6.2 Native Americans

Native Americans may present a List A document or List B and C document for Form I-9.

A Native American tribal document is an official tribal or community membership document issued by a Native American Indian tribe, or an Alaska Eskimo or Aleut community, that is recognized by the U.S. federal government. A tribal or community membership document that is issued by a tribe or community that is not recognized by the U.S. federal government is not an acceptable Native American tribal document for Form I-9 purposes. Because federal recognition of tribes and communities can change over time, you should check the Bureau of Indian Affairs website to determine if the tribe or community that issued the tribal or community membership document is federally recognized. Use the following guidance to determine if the document is acceptable as evidence of both identity and employment authorization, or only for identity purposes.

If your employee presents a Native American tribal document and in Section 1 selects: The document is acceptable as:
Citizen of the United States List B and List C
Lawful permanent resident List B and List C
Alien authorized to work List B only

The following documents are not considered Native American tribal documents for Form I-9 purposes and are not acceptable as a List A, List B or List C document:

  • A tribal membership document issued by a Canadian First Nation; and
  • A Certificate of Indian Status (commonly referred to as an "INAC card") issued by Indigenous and Northern Affairs Canada.

While individuals who have these documents might qualify for employment authorization under INA section 289 (and, if applicable, 8 CFR 289.2), a tribal membership card issued by a Canadian First Nation, or INAC card issued by the Government of Canada cannot, by itself, establish work authorization.

Note for E-Verify Employers: According to section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the E-Verify authorizing statute, all List B documents must contain a photograph. This includes Native American tribal documents presented as a List B document. If the employee's Native American tribal document does not contain a photograph, you should request the employee provide a List B document with a photograph. The Native American tribal document may be acceptable as the employee's List C document, see table above. Your employee may also choose to provide a List A document in place of a List B and List C document.

Page sub tree links
Last Reviewed/Updated: 02/17/2022
Back
Next
Was this page helpful?
0 / 2000
To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.
Return to top
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
Facebook
Twitter
YouTube
Instagram
LinkedIn
Email
Contact USCIS
U.S. Department of Homeland Security Seal

USCIS.gov

An official website of the U.S. Department of Homeland Security

Important links
  • About USCIS
  • Accessibility
  • Budget and Performance
  • DHS Components
  • Freedom of Information Act
  • No FEAR Act Data
  • Privacy and Legal Disclaimers
  • Site Map
  • Office of the Inspector General
  • The White House
  • USA.gov
Looking for U.S. government information and services?
Visit USA.gov