Proof of
Eligibility to Work
In the United States
Some commonly asked questions . . .
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Do citizens of the U.S. need to prove they
are eligible to work?
Yes. While U.S. citizens are automatically
eligible for employment, they too must prove it
by presenting the required documents and completing
Form I-9. Citizens of the U.S. include persons born in
Puerto Rico, Guam, the Virgin Islands, and the
Northern Mariana Islands.
Employer’s Pocket Reference
For Employment Screening
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EMPLOYER’S DUTY:
Under the Immigration Reform and
Control Act of 1986, it is unlawful for employers to
recruit, hire or continue to employ illegal immigrants to
the U.S. The Immigration and Naturalization Service
(INS) of the U.S. Department of Justice, originally was
charged with enforcing these requirements. On March
1, 2003 the agency was renamed the Bureau of Citizenship
and Immigration Services, and placed under the
jurisdiction of the U.S. Department of Homeland
Security.
Note: It is illegal to discriminate against work-eligible
individuals (for example, if a job applicant is rejected
solely because of country of origin).
Does an employer need to complete an I-9
for everyone who applies for a job?
No. Complete an I-9 only for people you actually hire. Under the Immigration Reform Act,
a person is “hired” when he or she begins work.
Do I need a completed I-9 for independent
contractors or their employees?
No. For example, if you contract with a roofing company to perform repairs to your building,
you do not have to complete I-9s for that company’s
employees. The roofing company is responsible for
completing the I-9s for its own employees.
ACTION REQUIRED:
Three steps must be taken by the
employer when a job applicant is hired:
STEP 1 - Through examination of documents, verify
the applicant’s right to work in the U.S.
STEP 2 - Attest that written proof of the right to work
has been presented.
If an employer properly completes Form I-9,
but INS discovers that the employee is not
actually authorized to work . . . what happens?
The employer cannot be charged with a verification violation. The employer will have a good faith
defense against the imposition of penalties for
knowingly hiring an unauthorized alien, unless the
government can show there was actual knowledge
of the unauthorized status of the employee. This
assumes the employer did each of the following:
STEP 3 - Maintain records of Steps 1 and 2.
Steps 1 and 2 must be performed using a short document specifically designed by the INS to help employers
organize and preserve information which substantiates
employment eligibility. The document is called Form
I-9, “Employment Eligibility Verification Form.”
DOCUMENTS FOR EXAMINATION:
Employers may
not specify which documents they will accept from a
job applicant. The next pages list the range of documents acceptable to the INS, depending on whether the
purpose is to establish identity, or employment eligibility,
or both. The documents must be examined within
3 business days of the date employment begins.
— ensured that employees had fully and properly
completed Section 1 of the I-9 when their work
began;
— reviewed the required documents, which should
have reasonably appeared genuine and to relate
to the person presenting them;
— fully and properly completed Section 2 of the I-9;
signed and dated the employer certification;
— retained the I-9 for the required period of time,
making it available (if requested) to an INS
inspector.
FALSE DOCUMENTS:
Are employers expected to establish
whether the document is authentic? NO. Employers
need only verify that each document examined
appeared on its face to be genuine and that the employer
relied on it in good faith. The test: Would the average
person reasonably believe that the document is authentic?
PENALTIES:
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Employment verification violations are punishable
with a civil penalty of not less than $100 and not more
than $1,000 for each individual for whom a signed
verification form should have been retained.
HOW TO PROVE ELIGIBILITY TO BE HIRED
The job applicant must provide . . .
EITHER
ONE document from
the list below:
(List “A”)
1. U.S. Passport (unexpired or expired)
2. Certificate of U.S. Citizenship
(INS Form N-560 or N-561)
3. Certificate of Naturalization
(INS Form N-550 or N-570)
4. Unexpired foreign passport, with
I-551 stamp or attached INS Form I-94
indicating unexpired employment
authorization
OR
ONE of the following
documents:
(List “B”)
1. Driver’s license or ID card
issued by a state or outlying
possession of the United
States provided it contains a
photograph or information
such as name, date of birth,
gender, height, eye color,
and address
5. Permanent Resident Card or
Alien Registration Receipt Card
with photograph (INS Form
I-151 or I-551)
2. ID card issued by federal,
state, or local government
agencies or entities, provided
it contains a photograph or
information such as name,
date of birth, gender, height,
eye color and address
6. Unexpired Temporary Resident Card
(INS Form I-688)
3. School ID card with
photograph
7. Unexpired Employment Authorization Card
(INS Form I-688A)
4. Voter’s registration card
8. Unexpired Reentry Permit
(INS Form I-327)
9. Unexpired Refugee Travel
Document (INS Form I-571)
10. Unexpired Exployment Authorization
Document issued by the INS which
contains a photograph
(INS Form I-688B)
AND
5. U.S. Military card or draft
record
6. Military dependent’s ID card
7. U.S. Coast Guard Merchant
Mariner Card
8. Native American tribal
document
9. Driver’s license issued by a
Canadian government
authority
For persons under age 18 who are
unable to present a document listed
above:
ONE of the following
documents:
(List “C”)
1. U.S. social security card
issued by the Social Security
Administration
(other than a card
stating it is not valid for
employment)
2. Certification of Birth Abroad
issued by the Department of
State (Form FS-545 or Form
DS-1350)
3. Original or certified copy of
a birth certificate issued by a
state, county, municipal
authority or outlying
possession of the United
States bearing an official seal
4. Native American tribal
document
5. U.S. Citizen ID Card
(INS Form I-197)
6. ID Card for use of Resident
Citizen in the United States
(INS Form I-179)
7. Unexpired employment
authorization document
issued by the INS (other than
those listed under List A)
10. School record or report card
11. Clinic, doctor or hospital record
12. Day-care or nursery school record
DOCUMENTS THAT ESTABLISH
BOTH IDENTITY AND
EMPLOYMENT ELIGIBILITY
DOCUMENTS THAT
ESTABLISH IDENTITY
DOCUMENTS THAT
ESTABLISH
EMPLOYMENT
ELIGIBILITY