Form I-9 and the IDs You Can Accept
The I-9 is an important part of the hiring process, but even the most seasoned professionals can be confused about how to process it. Having a mistake on file can become a nightmare if you find yourself and your company under the scrutiny of an audit. Here are the ways to interpret the ID requirements for the current I-9 to make sure you stay compliant.
- You cannot require a certain form of ID. By law, an employer is not allowed to demand that an employee provide only certain forms of ID. Some companies aren’t familiar enough with this process and require that a new employee provide only a driver’s license and Social Security card. This is not permitted. You must accept any forms of ID listed on the Form I-9.
- Just one from list A. On the final page of the I-9 document is a list of acceptable IDs. Employees must
provide just one from List A or one each from lists B and C. If they present a passport, this is acceptable as the only form of ID and must be recorded on the correct section of the form. There are multiple forms of ID that apply to this category.
- Or one each from lists B and C. If the employees have two forms of ID, they must present one from list B and one from list C. For instance, if they have a valid driver’s license they must also have a Social Security card or birth certificate. There are multiple forms of ID that are valid from list B (and additional forms for employees under 18) and multiple forms acceptable from list C. These must be recorded in the correct section on the I-9.
- Complete the entire I-9. Accepting the correct forms of ID is important, but so is correctly filling out the entire form. Only allow the employee to fill out the top section and not the sections that include the ID information. This must be completed by the employer. It is also legal to attach photocopies of the IDs to the file but not required. You must also file these forms separate from the rest of the employee’s information such as their application and tax forms.
- Fill it out promptly. Employees must fill it out no later than the first day of employment. Employers have 3 business days to fill out their part.
As with all government forms, be sure you are using the latest version, which can be downloaded from the USCIS site.
Remember, managing Form I-9 is simple, but failure to do so can lead to severe penalties.
If you have questions about the I-9 form – especially if you have new remote hires – contact Donna Miracle, Chief Operating Officer, at 443-418-1142 or donna@hrstrategygroup.com!