Table of Changes

Table of Changes for M-274

The purpose of this document is to outline significant changes made to the M-274, Handbook for Employers: Guidance for Completing Form I-9.

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New Text (Rev. 07/17/17)

Cover

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Landing Page

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 Obtaining Form and Updates

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1

Part One—Why Employers Must Verify Employment Authorization and Identity of New Employees

1.0

Why Employers Must Verify Employment Authorization and Identity of New Employees

1

The Homeland Security Act

1.1

The Homeland Security Act

2

Part Two—Completing Form I-9

2.0

Who Must Complete Form I-9

2

Completing Section 1

3.0

Completing Section 1 of Form I-9

5

Completing Section 2

4.0

Completing Section 2 of Form

9

Minors (Individuals under Age 18)

6.1

Minors (Individuals under Age 18)

11

Employees with Disabilities (Special Placement)

6.2

Employees with Disabilities (Special Placement)

13

Future Expiration Dates

4.1

Future Expiration Dates

13

Automatic Extensions of Employment Authorization Documents (EAD) in Certain Circumstances

4.2

Automatic Extensions of Employment Authorization Documents (EADs) in Certain Circumstances

15

Reverifying Employment Authorization for Current Employees

5.1

Reverifying Employment Authorization for Current Employees

16

Evidence of Status for Certain Categories

7.0

Evidence of Status for Certain Categories

26

Failure of an Employee to Present Acceptable Documents

4.3

Failure of an Employee to Present Acceptable Documents

26

Completing Section 3

5.0

Completing Section 3 of Form I-9

28

Leaves of Absence, Layoffs, Corporate Mergers and Other Interruptions of Employment

8.0

Leaves of Absence, Layoffs, Corporate Mergers and Other Interruptions of Employment

29

Correcting Form I-9

9.0

Correcting Form I-9

31

Part Three—Photocopying and Retaining Form I-9

10.0

Photocopying and Retaining Form I-9

31

Paper Retention of Form I-9

10.1

Paper Retention of Form I-9

31

Microform Retention of Form I-9

10.2

Microform Retention of Form I-9

32

Electronic Retention of Form I-9

10.3

Electronic Retention of Form I-9

33

Security

10.4

Security

33

Retaining Copies of Form I-9 Documentation

10.5

Retaining Copies of Form I-9 Documentation

33

Inspection

10.6

Inspection

35

Part Four—Unlawful Discrimination and Penalties for Prohibited Practices

11.0

Unlawful Discrimination and Penalties for Prohibited Practices

35

Unlawful Discrimination

11.1

Unlawful Discrimination

35

Overview of Discrimination Laws

11.1.1 - 11.6

Overview of Discrimination Laws

37

Penalties for Prohibited Practices

11.7

Penalties for Prohibited Practices

40

Part Five—Instructions for Recruiters and Referrers for a Fee

12.0

Instructions for Recruiters and Referrers for a Fee

41

Part Six—E-Verify: The Web-based Verification Companion to Form I-9

1.2

E-Verify: The Web-based Verification Companion to Form I-9

41

Federal Contractors

1.2

Federal Contractors

42

Part Seven—Some Questions You May Have About Form I-9

14.0

Some Questions You May Have About Form I-9

42

Questions about the Verification Process

14.0

Questions about the Verification Process

42

Questions about Documents

14.0

Questions about Documents

47

Questions about Completing and Retaining Form I-9

14.0

Questions about Completing and Retaining Form I-9

49

Questions about Avoiding Discrimination

14.0

Questions about Avoiding Discrimination

51

Questions about Different Versions of Form I-9

14.0

Questions about Different Versions of Form I-9

52

Part Eight—Acceptable Documents for Verifying Employment Authorization and Identity

13.0

Acceptable Documents for Verifying Employment Authorization and Identity

54

List A—Documents that Establish Both Employment Authorization and Identity

13.1

List A Documents that Establish Both Employment Authorization and Identity

60

List B—Documents that Establish Identity Only 

13.2

List B Documents that Establish Identity Only 

61

List C—Documents that Establish Employment Authorization Only

13.3

List C Documents that Establish Employment Authorization Only

Part Two

Page 2

If you hire a person for fewer than three business days, Sections 1 and 2 must be fully completed at the time of hire – in other words, by the first day employment for pay.

 2.0

If you hire a person for fewer than three business days, Sections 1 and 2 must be fully completed at the time of hire – in other words, by the first day of employment.

Part Two

Page 5

Section 1 must be completed no later than the end of the employee’s first day of employment.

 3.1

Section 1 must be completed no later than the employee’s first day of employment.

Part Two

Page 5

However, if you hire an individual for less than three business days, you must complete Section 2 no later than the end of the first day of employment.

 4.0

However, if you hire an individual for less than three business days, you must complete Section 2 no later than the first day of employment.

Part Two

Page 5

Note: If you participate in E-Verify, you may only accept List B documents that bear a photograph. For more information, visit uscis.gov/e-verify.

 4.0

Note: If you participate in E-Verify and the employee presents a combination of List B and List C documents, then the List B document must contain a photograph. For more information, visit uscis.gov/e-verify.

Part Two

Page 9

Figure 3: Completing Section 1 of Form I-9 for minors without List B documents

 

Date of Birth (mm/dd/yyyy)

10/30/1984

 6.1

Figure 5: Completing Section 1 of Form I-9 for minors without List B documents

 

Date of Birth (mm/dd/yyyy)

10/30/2007

Part Two

Page 10

Figure 4: Completing Section 2 of Form I-9 for minors without List B documents

 

Last Name (Family Name)   First Name (Given Name)  M.I.

  Washington                            Martha                            D

 

Signature of Employer or Authorized Representative

John Adams

 

Name of Employer or Authorized Representative

John  Adams

 6.1

Figure 6: Completing Section 2 of Form I-9 for minors without List B documents

 

Last Name (Family Name)   First Name (Given Name)  M.I.

  Adams                                    John                                  A

 

Signature of Employer or Authorized Representative

Susan Anthony

 

Name of Employer or Authorized Representative

Susan Anthony

Part Two

Page 13

To find the eligibility category code on your employee’s employment authorization document, see Figure 7 below:

 

*Old Image

Figure 7: Auto Extended Employment Authorization Documents

 

Finding the Auto-Extended EAD Expiration Date on the I-797C: Sample 2

Eligibility Category: C35

 4.2

To find the eligibility category code on your employee’s employment authorization document, see Figure 3 below:

 

*New Image

Figure 3: Auto Extended Employment Authorization Documents, front only

 

Finding the Auto-Extended EAD Expiration Date on the I-797C: Sample 2

Eligibility Category: C31

Part Two

Page 15

The new expiration date to enter is the date 180 days from the date the card expires, which is the date on the face of the expired EAD. Employees whose employment authorization was automatically extended along with

their EAD (such as adjustment of status applicants, but not asylees who are employment authorized incident to status) should cross out the “employment authorized until” date

in Section 1, write the date that is 180 days from the date their current EAD expires, and initial and date the change.

 

 4.2

The new expiration date to enter is the date 180 days from the date the card expires, which is the date on the face of the expired EAD. Employees whose employment authorization was automatically extended along with their EAD (such as adjustment of status applicants, but not asylees who are employment authorized incident to status) may cross out the “employment authorized until” date in Section 1, write the date that is 180 days from the date their current EAD expires, and initial and date the change.

 

Part Two

Page 17

NOTE: If USCIS has approved the employee’s application

to adjust status to that of a lawful permanent resident, but the employee has not yet received their initial Permanent Resident Card, they can get temporary evidence of permanent resident status at a local USCIS field office.

 

 7.1

removed

Part Two

Page 18

After being granted asylum in the United States, DHS issues asylees paper Forms I-94 that evidence their status and employment authorization with a stamp or notation indicating asylee status, such as “asylum granted indefinitely” or the appropriate provision of law (8 CFR 274a .12(a)(5) or INA 208). This document is considered a List C document that demonstrates employment authorization in the United States and does not expire.

 7.3

After being granted asylum in the United States, DHS issues asylees paper Forms I-94 that evidence their status and employment authorization with a stamp or notation indicating asylee status, such as “asylum granted indefinitely” or the appropriate provision of law (8 CFR 274a .12(a)(5) or INA 208). A computer-generated print out of Form I-94 with an admission class of “AY” is also acceptable from the asylee. The Form I-94 is considered a List C document that demonstrates employment authorization in the United States and does not expire.

Part Two

Page 19

For example, the J-1 student could present a List B document (such as a state driver’s license) and under List C #8, a Form I-94 in combination with Form DS-2019 and a letter from a responsible officer.

 7.4.1

For example, the J-1 student could present a List B document (such as a state driver’s license) and under List C #7, a Form I-94 in combination with Form DS-2019 and a letter from a responsible officer.

Part Two

Page 20-21

The F-1 student could present a List B document (such as a state driver’s license) and under List C #8, Form I-94 indicating F-1 nonimmigrant status with a properly endorsed Form I-20.

 7.4.2

The F-1 student could present a List B document (such as a state driver’s license) and under List C #7, Form I-94 indicating F-1 nonimmigrant status with a properly endorsed Form I-20.

Part Two Page 23

Also your employee may update Section 1 by crossing out the expiration date of their employment authorization noted in the attestation. Write in the new date that the automatic extension of employment authorization ends. Initial and date this update in the margin of Section 1.

 7.5 (c)

Also your employee may update Section 1 by crossing out the expiration date of their employment authorization noted in the attestation. The employee may write in the new date that the automatic extension of employment authorization ends and initial and date this update in the margin of Section 1.

Part Two Page 23

An H-1B employee’s Form I-94/Form I-94A issued for employment with the previous employer, along with their foreign passport, would qualify as a List A document.

 7.5 (d)

An H-1B employee’s unexpired Form I-94/Form I-94A issued for employment with the previous employer, along with their foreign passport, would qualify as a List A document.

Part Two

Page 24-25

Also your employee may update Section 1 by crossing out the expiration date of their employment authorization noted in the attestation. Write in the new date that the automatic extension of employment authorization ends. Initial and date this update in the margin of Section 1.

  7.7

Also your employee may update Section 1 by crossing out the expiration date of their employment authorization noted in the attestation. The employee may write in the new date that the automatic extension of employment authorization ends and initial and date this update in the margin of Section 1.

Part Two

Page 26

You may encounter situations other than a legal change of name where an employee informs you (or you have reason to believe) that their identity is different from that previously used to complete the Form I-9. For example, an employee may have been working under a false identity, has subsequently obtained a work authorized immigration

status in their true identity, and wishes to regularize their employment records. In that case you should complete

a new Form I-9. Write the original hire date in Section 2 and attach the new Form I-9 to the previously completed Form I-9 and include a written explanation.

 

In cases where an employee has worked for you using a false identity but is currently authorized to work, the I-9 rules do not require termination of employment.

 

In addition, there may be other laws, contractual obligations, or company policies that you should consider before taking action. For example, the INA prohibits discrimination based on citizenship or immigration status (see Part Four of this handbook for more information).

 

For E-Verify employers:

 

  • USCIS recommends that you encourage your employees to record their legal name change with the Social Security Administration to avoid mismatches in E-Verify.

 

  • If you complete a new Form I-9 in a new identity situation as described above, e .g ., where a name change to Form I-9 information is not a legal name change, you should confirm the new Form I-9 information through E-Verify . If you do complete a new Form I-9, you should not create a new E-Verify case.

 5.3

You may encounter situations other than a legal change of name where an employee informs you (or you have reason to believe) that their identity is different from that previously used to complete the Form I-9. For example, an employee may have been working under a false identity, has subsequently obtained work authorization in their true identity, and wishes to regularize their employment records. In that case you should complete a new Form I-9. Write the original hire date in Section 2 and attach the new Form I-9 to the previously completed Form I-9 and include a written explanation.

 

In cases where an employee has worked for you using a false identity but is currently authorized to work, the Form I-9 rules do not require termination of employment.

 

In addition, there may be other laws, contractual obligations, or company policies that you should consider before taking action. For example, the INA prohibits discrimination based on citizenship status and national origin. See Section 11.0 Unlawful Discrimination and Penalties for Prohibited Practices for more information.

 

For E-Verify employers:

 

  • USCIS recommends that you encourage your employees to record their legal name change with the Social Security Administration to avoid mismatches in E-Verify.

 

  • If you complete a new Form I-9 in a new identity situation as described above, e .g ., where a name change to Form I-9 information is not a legal name change, you should confirm the new Form I-9 information through E-Verify . If you do not complete a new Form I-9, you should not create a new E-Verify case.

Part Two

Page 26

Note: If you need to reverify the employment authorization of an existing employee who completed an earlier version of Form I-9, the employee must provide any document(s) they choose from the Lists of Acceptable Documents for the most current versions of the Form I-9. Enter the new document(s) in Section 3 of the current version of Form I-9 and keep it with the previously completed Form I-9. Visit I-9 Central at uscis.gov/i-9-central for the most current version of the Form I-9.

 5.2

Note: If you need to reverify the employment authorization of an existing employee who completed an earlier version of Form I-9, the employee must provide any List A or C document(s) they choose from the Lists of Acceptable Documents for the most current versions of the Form I-9. Enter the new document(s) information in Section 3 of the current version of Form I-9 and keep it with the previously completed Form I-9. Visit I-9 Central at uscis.gov/i-9-central for the most current version of the Form I-9.

Part Three

Page 34

Note: E-Verify employers should provide E-Verify Case Detail Pages in addition to Form I-9 when they receive a request for inspection.

10.6

Note: E-Verify employers who receive a request for inspection should provide Form I-9 with the E-Verify case verification number recorded on the Form I-9 or, if the E-Verify case number is not recorded on the Form I-9, the E-Verify Case Detail Pages in addition to Form I-9.

Part Four

Page 35

These practices may constitute unfair documentary practices if they are committed based on citizenship or immigration status, or national origin, and should be avoided when verifying employment authorization. All employment-authorized individuals are protected against this type of discrimination. The INA’s provision against unfair documentary practices covers employers with four or more employees.

11.2.1

These practices may constitute unfair documentary practices if they are committed based on citizenship or immigration status, or national origin, and should be avoided when verifying employment authorization. The INA’s prohibition against unfair documentary practices covers employers with four or more employees.

Part Four

Page 35

U.S. citizens, recent permanent residents, asylees, and refugees are protected from this type of discrimination.

11.2.2

U.S. citizens, U.S. nationals, recent permanent residents, asylees, and refugees are protected from this type of discrimination.

Part Four

Page 36-37

You should not:

 

1. Have different rules or requirements for individuals because of their national origin, citizenship, or immigration status. For example, you cannot demand that non-U.S. citizens present DHS issued documents. Each individual must be allowed to choose the documents that they will present from the lists of acceptable Form I-9 documents. For example, both citizens and employment authorized individuals may present a driver’s license (List B) and an unrestricted Social Security card (List C) to establish identity and employment authorization. However, you must reject documents that do not reasonably appear to be genuine or to relate to the individual presenting them.

 

 

7. Request that, during reverification, an employee present a new unexpired Employment Authorization Document (Form I-766) if they presented one during initial verification. For reverification, each employee must be free to choose to present any document either from List A or from List C.

11.4

You should not:

 

  • Have different rules or requirements for individuals because of their national origin, citizenship, or immigration status. For example, you cannot demand that non-U.S. citizens present DHS issued documents. Each individual must be allowed to choose the documents that they will present from the lists of acceptable Form I-9 documents. For example, both citizens and other employment authorized individuals may present a driver’s license (List B) and an unrestricted Social Security card (List C) to establish identity and employment authorization. However, you must reject documents that do not reasonably appear to be genuine or to relate to the individual presenting them.

 

  • Request specific documents for reverification. For example, an employee who presented an unexpired Employment Authorization Document (Form I-766) during initial verification should be requested to present any document of their choosing from either form List A or from List C during reverification.

Part Four

Page 37

You cannot take retaliatory action against a person who has filed a charge of discrimination with IER or EEOC, was a witness or otherwise participated in the investigation or prosecution of a discrimination complaint, or otherwise asserts rights under the INA’s anti-discrimination provision and/or Title VII. Such retaliatory action may constitute a violation of the INA’s anti-discrimination provision, TitleVII, and other federal anti-discrimination law. Retaliation violates federal law.

11.5

You cannot take retaliatory action against a person who has filed a charge of discrimination with IER or the EEOC, participates in the investigation or prosecution of a discrimination complaint, such as by serving as a witness, or otherwise asserts rights under the INA’s anti-discrimination provision and/or Title VII. Such retaliatory action may constitute a violation of the INA’s anti-discrimination provision, Title VII, and other federal anti-discrimination law.

Part Four

Page 38

3. Educating all personnel involved in hiring about

complying with anti-discrimination laws.

11.7.2

  • Educating all personnel involved in the hiring process, about the proper procedures for verifying an individual’s employment eligibility, and complying with anti-discrimination laws.

Part Seven Page 47

25. Q.   How do I correct a mistake on an employee’s Form I-9?

 

A.   If you find a mistake on an employee’s Form I-9, you must have the employee correct errors in Section 1. Employers must make corrections in Section 2. The best way to correct Form I-9 is to line through the portions of the form that contain incorrect information and then enter the correct information. Initial and date your correction.

If you have previously made changes on Form I-9 using correction fluid, USCIS recommends that you attach a note to the corrected Form I-9 explaining what happened. Be sure to sign and date the note.

14.0

25. Q.   How do I correct a mistake on an employee’s Form I-9?

 

A.   If you find a mistake on an employee’s Form I-9, you must have the employee correct errors in Section 1. Employers must make corrections in Section 2. To correct Form I-9 draw a line through the portions of the form that contain incorrect information and then enter the correct information. Initial and date your correction. If you have previously made changes on Form I-9 using correction fluid, USCIS recommends that you attach a note to the corrected Form I-9 explaining what happened. Be sure to sign and date the note.

 

Part Seven

Page 49-50

36. Q. What is the INA’s Anti-Discrimination Provision?

 

A. The Immigration and Nationality Act’s (INA)

anti-discrimination provision, codified at 8 U.S.C.

§ 1324b, is a law that prohibits four types of discriminatory unfair employment practices:

 

 

• Citizenship or immigration status discrimination with respect to hiring, firing, and recruitment or referral for a fee, by employers with four or more workers, subject to certain exceptions. Employers may not treat individuals differently because they are or are not U.S. citizens or because of their work-authorized immigration status. U.S. citizens, U.S. nationals, recent lawful permanent residents, asylees, and refugees are protected from citizenship status discrimination. An employer may restrict hiring to U.S. citizens only when required to do so by law, regulation, executive order, or government contract.

 

• National origin discrimination with respect to hiring, firing, and recruitment or referral for a fee, by employers with four to 14 workers. Employers may not treat individuals differently because of their place of birth, country of origin, ancestry, native language, accent or because they are perceived as looking or sounding “foreign.” All work-authorized individuals are protected from national origin discrimination. The Equal Employment Opportunity Commission has jurisdiction over national origin discrimination claims against employers with 15 or more workers, regardless of the work authorization status of the discrimination victims.

 

 • Unfair documentary practices related to verifying the employment eligibility of employees during the I-9 or E-Verify processes. Employers may not, on the basis of citizenship, immigration status, or national origin, request more or different documents than are required to verify employment eligibility and identity, reject reasonably genuine-looking documents, or specify certain documents over others. All work authorized individuals are protected from unfair documentary practices.

 

• Intimidation or Retaliation. Employers may not intimidate, threaten, coerce, or retaliate against individuals who file charges with IER, who cooperate with an IER investigation, who contest an action that may constitute unfair documentary practices or discrimination based upon citizenship, immigration status, or national origin, or who otherwise assert their rights under the INA’s anti-discrimination provision.

 

14.0

36. Q. What is the INA’s Anti-Discrimination Provision?

 

A. The Immigration and Nationality Act’s (INA)

anti-discrimination provision, codified at 8 U.S.C.

§ 1324b, is a law that prohibits certain discriminatory employment practices against workers who are eligible to work in the United States:

 

• Citizenship or immigration status discrimination with respect to hiring, firing, and recruitment or referral for a fee, by employers with four or more workers, subject to certain exceptions. Employers may not treat individuals differently because they are or are not U.S. citizens or because of their work-authorized immigration status. U.S. citizens, U.S. nationals, recent lawful permanent residents, asylees, and refugees are protected from this type of discrimination under the INA. An employer may restrict hiring to U.S. citizens only when required to do so by law, regulation, executive order, or government contract.

 

• National origin discrimination with respect to hiring, firing, and recruitment or referral for a fee, by employers with four to 14 workers. Employers may not treat individuals differently because of their place of birth, country of origin, ancestry, native language, accent or because they are perceived as looking or sounding “foreign.” The Equal Employment Opportunity Commission has jurisdiction over national origin discrimination claims against employers with 15 or more workers, regardless of the work authorization status of the discrimination victims.

 

 • Unfair documentary practices related to verifying the employment eligibility of employees during the Form I-9 or E-Verify processes. Employers may not, on the basis of citizenship, immigration status, or national origin, request more or different documents than are required to verify employment eligibility and identity, reject reasonably genuine-looking documents, or specify certain documents over others.

 

• Intimidation or Retaliation. Employers may not intimidate, threaten, coerce, or retaliate against individuals who file charges with IER, who cooperate with an IER investigation, who contest an action that may constitute unfair documentary practices or discrimination based upon citizenship, immigration status, or national origin, or who otherwise assert their rights under the INA’s anti-discrimination provision.

 

Part Seven

Page 50

38. Q. Can I refuse to hire someone based on national origin?

 

A. Failure to hire an individual based on the person’s national origin may violate the antidiscrimination provision of the INA if the employer employs between four and 14 employees, or may violate Title VII of the Civil Rights Act (enforced by the Equal Employment Opportunity Commission (EEOC)) if the employer has 15 or more employees. If a small employer has rejected your employment application based on your national origin, contact IER to determine whether IER or the EEOC has jurisdiction to assist you.

14.0

38. Q. Can I refuse to hire someone based on national origin?

 

A. Failure to hire an individual based on the person’s national origin may violate the antidiscrimination provision of the INA if the employer employs four to 14 employees, or may violate Title VII of the Civil Rights Act (enforced by the Equal Employment Opportunity Commission (EEOC)) if the employer has 15 or more employees. If a small employer has rejected your employment application based on your national origin, contact IER to determine whether IER or the EEOC has jurisdiction to assist you.

Part Eight

Page 52

The following documents are acceptable for Form I-9 to establish an employee’s employment authorization and identity. The comprehensive Lists of Acceptable Documents can be found on the next pages of this handbook and on the last page of Form I-9. Samples of many of the acceptable documents appear on the following pages.

 

To establish both identity and employment authorization, a person must present to their employer a document or combination of documents from List A, which shows

both identity and employment authorization; or one document from List B, which shows identity and one document from List C, which shows employment authorization.

 

If a person is unable to present the required document(s) within three business days of the date work for pay begins, they must present an acceptable receipt within that time. If they present a receipt, the person must present the actual document when the receipt validity period ends. They must have indicated on or before the time employment began, by having checked an appropriate box in Section 1, that they are

 

Receipts showing that a person has applied for an initial grant of employment authorization, or for renewal of employment authorization, are not acceptable. Receipts are also not acceptable if employment is for fewer than three business days. For a list of acceptable receipts for Form I-9, see Table 1 in Part Two. For more examples of acceptable documents, including List C #8, please visit uscis.gov/i-9-central. Note that a Form I-797C acknowledging receipt of an EAD renewal application presented with an expired EAD is considered an unexpired EAD in certain circumstances. Please refer to Part Two for further information.

 

The following pages show the most recent versions and representative images of some of the various acceptable documents on the list. These images can assist you in your review of the document presented to you. These pages are not, however, comprehensive. In some cases, many variations of a particular document exist and new versions may be published subsequent to the publication date of this handbook. Keep in mind that USCIS does not expect you to be a document expert. You are expected to accept documents that reasonably appear to be genuine and to relate to the person presenting them.

13.0

The following documents are acceptable for Form I-9 to establish an employee’s employment authorization and identity. The comprehensive Lists of Acceptable Documents can be found here and on the last page of Form I-9. Samples of many of the acceptable documents appear in Sections 13.1 – 13.3.

 

To establish both identity and employment authorization, a person must present to their employer a document or combination of documents from List A, which shows

both identity and employment authorization; or one document from List B, which shows identity and one document from List C, which shows employment authorization.

 

If a person is unable to present an acceptable document from the List of Acceptable Documents within three business days of the date work for pay begins, the employer must  acceptable an acceptable “receipt” within that time. The employee must indicate by checking an appropriate box in Section 1 that they are authorized to be employed in the United States. The employee must also present the actual document when the receipt validity period ends.

 

Receipts showing that a person has applied for an initial grant of employment authorization are not acceptable. Receipts are also not acceptable if employment is for fewer than three business days. For a list of acceptable receipts for Form I-9, see Table 1 in Section 4.0. For examples of acceptable employment authorization documents issued by the Department of Homeland Security (List C #7), please visit uscis.gov/i-9-central.

 

Note that a USCIS-issued Notice on Form I-797C acknowledging receipt of an EAD renewal application presented in combination with an expired EAD is considered an unexpired EAD under List A in certain limited circumstances. See Section 4.2 Automatic Extensions of Employment Authorization Documents in Certain Circumstances for more information. This document combination is a List A document and is NOT considered a “receipt” that may be presented in lieu of an acceptable List document.

 

Sections 13.1-13.3 show the most recent versions and representative images of some of the various acceptable documents on the list. These images can assist you in your review of the document presented to you. These pages are not, however, comprehensive. In some cases, many variations of a particular document exist and new versions may be published subsequent to the publication date of this handbook. Keep in mind that USCIS does not expect you to be a document expert. You are expected to accept documents that reasonably appear to be genuine and to relate to the person presenting them.

Part Eight

Page 52

4. Employment Authorization Document (Card) that contains a photograph (Form I-766) (including expired EADs in conjunction with Forms I-797 based on an EAD automatic extension in certain circumstances; see page 13)

 

13.0

4. Employment Authorization Document (EAD) that contains a photograph (Form I-766).  Form I-766 expired on its face combined with Form I-797 based on an automatic EAD extension in certain circumstances qualifies as unexpired Form I-766; see Section 4.2 Automatic Extensions of Employment Authorization Documents in Certain Circumstances

 

Part Eight

Page 53

LIST C: Documents That Establish Employment Authorization

 All documents must be unexpired.

 

1. A Social Security Account Number card unless the card includes one of the following restrictions:

 

  1. NOT VALID FOR EMPLOYMENT

 

 (2) VALID FOR WORK ONLY WITH INS AUTHORIZATION

 

(3) VALID FOR WORK ONLY WITH DHS AUTHORIZATION

 

2. Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545)

 

3. Certification of Report of Birth issued by the U.S. Department of State (DS-1350)

 

4. Original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying territory of the United States bearing an official seal

 

5. Native American tribal document

 

6. U.S. Citizen Identification Card (Form-197)

 

7. Identification Card for Use of Resident Citizen in the United States (Form I-179)

 

8. Employment authorization document issued by the Department of Homeland Security. For examples, please visit uscis.gov/i-9-central.

13.0

LIST C: Documents That Establish Employment Authorization

 All documents must be unexpired.

 

1. A Social Security Account Number card unless the card includes one of the following restrictions:

 

  1. NOT VALID FOR EMPLOYMENT

 

 (2) VALID FOR WORK ONLY WITH INS AUTHORIZATION

 

(3) VALID FOR WORK ONLY WITH DHS AUTHORIZATION

 

2. Certification of report of birth issued by the U.S. Department of State (Forms DS-1350, FS-545, FS-240)

 

3. Original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying territory of the United States bearing an official seal

 

4. Native American tribal document

 

5. U.S. Citizen Identification Card (Form-197)

 

6. Identification Card for Use of Resident Citizen in the United States (Form I-179)

 

7. Employment authorization document issued by the Department of Homeland Security. For examples, please visit uscis.gov/i-9-central.

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13.1

Permanent Resident Card (Form I-551)

 

On May 1, 2017 USCIS began issuing a redesigned Permanent Resident Card, also known as the Green Card. The card contains the bearer’s photo on the front and back, name, USCIS number, date of birth, card expiration date and laser engraved fingerprint. The new card does not have a signature or an optical stripe on the back. Some Permanent Resident Cards issued after May 1, 2017 may display the previous design format. Both the new and previous versions of the Green Card remain valid until the expiration date shown on the card.

 

*New Image: Permanent Resident Card (Form I-551)

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Permanent Resident Card (Form I-551)

 

On May 11, 2010, USCIS began issuing the newly re-designed Permanent Resident Card, also known as the Green Card, which is now green in keeping with its long-standing nickname. The card is personalized with the bearer’s photo, name, USCIS number, alien registration number, date of birth, and laser-engraved fingerprint, as well as the card expiration date.

Note that on the new card, shown below, the lawful permanent resident’s alien registration number, com­monly known as the A number, is found under the USCIS # heading. The A number is also located on the back of the card.

These cards may or may not contain a signature. A sig­nature is not required for the card to be acceptable for Form I-9 purposes.

13.1

The previous version of the Permanent Resident Card was issued after April 30, 2010. This redesign changed the card color to green. The card is personalized with the bearer’s photo, name, USCIS number, alien registration number, date of birth, and laser-engraved fingerprint, as well as the card expiration date. Note that on the card, shown below, the lawful permanent resident’s alien registration number, commonly known as the A number, is found under the USCIS # heading. The A number is also located on the back of the card.

 

These cards may or may not contain a signature. A sig­nature is not required for the card to be acceptable for Form I-9 purposes.

 

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This most recent older version of the Permanent Resident Card shows the DHS seal and contains a detailed hologram on the front of the card. Each card is personalized with an etching showing the bearer’s photo, name, fingerprint, date of birth, alien registration number, card expiration date, and card number.

13.1

Another older version of the Permanent Resident Card shows the DHS seal and contains a detailed hologram on the front of the card. Each card is personalized with an etching showing the bearer’s photo, name, fingerprint, date of birth, alien registration number, card expiration date, and card number.

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13.1

Employment Authorization Document (Form I-766)

 

On May 1, 2017, USCIS began issuing a redesigned Employment Authorization Document (Form I-766) to individuals with temporary employment authorization in the United States. The card contains the bearer’s photograph on the front and back, name, USCIS number, card number, date of birth, laser-engraved fingerprint, and the card expiration date.

Cards may contain one of the following notations above the expiration date: “Not Valid for Reentry to U.S.”, “Valid for Reentry to U.S.” or “Serves as I-512 Advance Parole.”

 

Some EADs issued after May 1, 2017, may still display the existing design format. Both the existing and new EADs will remain valid until the expiration date shown on the card.

 

*New Image: Employment Authorization Document (Form I-766)

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USCIS issues the Employment Authorization Document (Form I-766) to individuals granted temporary employment authorization in the United States. The card contains the bearer’s photograph, fingerprint, card number, Alien number, birth date, and signature, along with a holographic film and the DHS seal. The expiration date is located at the bottom of the card. Cards may contain one of the following notations above the expiration date: “Not Valid for Reentry to U.S.”, “Valid for Reentry to U.S.” or “Serves as I-512 Advance Parole.”

 

Employment Authorization Document (Form I-766) with notation “NOT VALID FOR REENTRY TO U.S.”

13.1

The older version of the Employment Authorization Document (Form I-766) contains the bearer’s photograph, fingerprint, card number, Alien number, birth date, and signature, along with a holographic film and the DHS seal. The expiration date is located at the bottom of the card. Cards may contain one of the following notations above the expiration date: “Not Valid for Reentry to U.S.”, “Valid for Reentry to U.S.” or “Serves as I-512 Advance Parole.”

 

Older Version Employment Authorization Document (Form I-766) with notation “NOT VALID FOR REENTRY TO U.S.”

 

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13.3

*New Image:  Consular Report of Birth Abroad FS-240

 

Consular Report of Birth Abroad Issued by the U.S. Department of State (FS-240)

 

Last Reviewed/Updated:

CHAPTERS