Employment Verification I-9: What Documents Immigrants Can Use and Common Issues
Every employer must verify work authorization through I-9. Here's what documents immigrants can use, when to update, and errors to avoid.
Quick Answer
Form I-9 verifies identity and work authorization for all U.S. employees. Immigrants can present combination of documents: List A (passport with work visa, EAD, green card) establishes both identity and work authorization. List B (driver's license, state ID) proves identity only, must combine with List C (Social Security card, I-797) proving work authorization. Update I-9 when status changes or documents expire. Employer cannot dictate which documents you use.
Key Takeaways
All employees must complete I-9 within 3 days of hire
List A documents prove identity AND work authorization
List B + List C combination also acceptable
Employer cannot require specific documents
Update I-9 when work authorization expires or changes
Reverification required for some document types
Key Takeaways
All employees must complete I-9 within 3 days of hire
List A documents prove identity AND work authorization
List B + List C combination also acceptable
Employer cannot require specific documents
Update I-9 when work authorization expires or changes
Reverification required for some document types
Table of Content
What Is Form I-9
Form I-9 (Employment Eligibility Verification) is a mandatory form for all U.S. employers to verify an employee’s identity and authorization to work in the United States.
Both U.S. citizens and non-citizens must complete it.
Key timeline rules
Employee completes Section 1 on or before the first day of work
Employer completes Section 2 within 3 business days of the start date
Employer must examine original documents only (no copies)
Section 3 is used for reverification when work authorization expires
Retention rule
Employers keep I-9s for 3 years after hire or 1 year after employment ends, whichever is later
List A Documents (Identity + Work Authorization)
List A documents establish both identity and work authorization.
Only one List A document is required.
Common List A documents for immigrants
Unexpired foreign passport with I-94 showing work-authorized status
Unexpired Employment Authorization Document (EAD card)
Unexpired Permanent Resident Card (green card)
Unexpired Refugee Travel Document (Form I-571)
Unexpired Employment Authorization Card showing I-688 class
Typical usage
H-1B, L-1, O-1: Passport with visa stamp + I-94
EAD holders: EAD card
Green card holders: Green card
List B + List C Combination
If you do not have a List A document, you must present:
One List B document (identity), and
One List C document (work authorization)
List B – Identity Documents
Examples include:
State driver’s license
State ID card
School ID with photo
Voter registration card
U.S. military card
Federal, state, or local government ID
List C – Work Authorization Documents
Examples include:
Unrestricted Social Security card
U.S. birth certificate
Form I-797 approval notice showing work authorization
Other qualifying employment authorization documents
Common I-9 Document Combinations
H-1B
Passport + visa + I-94 (List A), or
Driver’s license (List B) + I-797 + SSN card (List C)
Green card holder
Green card (List A)
EAD holder
EAD card (List A)
F-1 OPT
EAD card (List A), or
Driver’s license (List B) + EAD + SSN card (List C)
Employer Responsibilities
Employers must:
Accept any valid document from the approved lists
Treat all employees equally, regardless of citizenship or immigration status
Complete I-9 sections on time
Reverify work authorization when required
Employers cannot:
Require specific documents
Demand more documents than necessary
Reject valid documents
Apply different standards to immigrants
Discrimination Alert
The following actions are illegal:
Requiring citizens to show a passport but immigrants to show a green card
Asking non-citizens for extra documents
Refusing valid I-9 documents
Discrimination can be reported to the Office of Special Counsel for Immigration-Related Unfair Employment Practices.
Reverification (Section 3)
When temporary work authorization expires, employers must reverify eligibility.
Reverification required for
EAD expiration
H-1B I-797 expiration
TN status expiration
Any temporary work authorization
No reverification required for
Green card holders (even though the card expires)
U.S. passport
U.S. birth certificate
Reverification steps
Start before current authorization expires
Employee provides new valid document
Employer completes Section 3 of original I-9
Original I-9 is updated, not replaced
Common I-9 Mistakes
Employee mistakes
Providing expired documents
Failing to update I-9 after status change
Using documents that do not match current status
Employer mistakes
Accepting expired documents
Requesting specific documents
Missing the 3-day Section 2 deadline
Failing to reverify authorization
Improperly storing document copies
I-9 and E-Verify
E-Verify is a separate electronic system used by some employers to confirm I-9 information.
E-Verify process
Employee completes I-9
Employer enters data into E-Verify
System checks SSA and DHS records
Result:
Employment Authorized, or
Tentative Non-Confirmation (TNC)
If a TNC is issued, the employee has 8 business days to resolve it with SSA or DHS.
I-9 Updates When Status Changes
If your immigration status changes (for example, F-1 OPT to H-1B or H-1B to green card):
Notify HR immediately
Provide updated work authorization documents
Employer completes Section 3 reverification
Update must be completed before old authorization expires
Failure to update can cause compliance issues or E-Verify mismatches.
Remote I-9 Completion Rules
Temporary COVID-era remote I-9 flexibilities have largely ended.
Standard rule (2024–2025)
Employee must be physically present
Employer or authorized representative examines original documents in person
Scanned documents or video calls are generally not allowed
Always check current USCIS guidance for any limited exceptions still in effect.
What Is Form I-9
Form I-9 (Employment Eligibility Verification) is a mandatory form for all U.S. employers to verify an employee’s identity and authorization to work in the United States.
Both U.S. citizens and non-citizens must complete it.
Key timeline rules
Employee completes Section 1 on or before the first day of work
Employer completes Section 2 within 3 business days of the start date
Employer must examine original documents only (no copies)
Section 3 is used for reverification when work authorization expires
Retention rule
Employers keep I-9s for 3 years after hire or 1 year after employment ends, whichever is later
List A Documents (Identity + Work Authorization)
List A documents establish both identity and work authorization.
Only one List A document is required.
Common List A documents for immigrants
Unexpired foreign passport with I-94 showing work-authorized status
Unexpired Employment Authorization Document (EAD card)
Unexpired Permanent Resident Card (green card)
Unexpired Refugee Travel Document (Form I-571)
Unexpired Employment Authorization Card showing I-688 class
Typical usage
H-1B, L-1, O-1: Passport with visa stamp + I-94
EAD holders: EAD card
Green card holders: Green card
List B + List C Combination
If you do not have a List A document, you must present:
One List B document (identity), and
One List C document (work authorization)
List B – Identity Documents
Examples include:
State driver’s license
State ID card
School ID with photo
Voter registration card
U.S. military card
Federal, state, or local government ID
List C – Work Authorization Documents
Examples include:
Unrestricted Social Security card
U.S. birth certificate
Form I-797 approval notice showing work authorization
Other qualifying employment authorization documents
Common I-9 Document Combinations
H-1B
Passport + visa + I-94 (List A), or
Driver’s license (List B) + I-797 + SSN card (List C)
Green card holder
Green card (List A)
EAD holder
EAD card (List A)
F-1 OPT
EAD card (List A), or
Driver’s license (List B) + EAD + SSN card (List C)
Employer Responsibilities
Employers must:
Accept any valid document from the approved lists
Treat all employees equally, regardless of citizenship or immigration status
Complete I-9 sections on time
Reverify work authorization when required
Employers cannot:
Require specific documents
Demand more documents than necessary
Reject valid documents
Apply different standards to immigrants
Discrimination Alert
The following actions are illegal:
Requiring citizens to show a passport but immigrants to show a green card
Asking non-citizens for extra documents
Refusing valid I-9 documents
Discrimination can be reported to the Office of Special Counsel for Immigration-Related Unfair Employment Practices.
Reverification (Section 3)
When temporary work authorization expires, employers must reverify eligibility.
Reverification required for
EAD expiration
H-1B I-797 expiration
TN status expiration
Any temporary work authorization
No reverification required for
Green card holders (even though the card expires)
U.S. passport
U.S. birth certificate
Reverification steps
Start before current authorization expires
Employee provides new valid document
Employer completes Section 3 of original I-9
Original I-9 is updated, not replaced
Common I-9 Mistakes
Employee mistakes
Providing expired documents
Failing to update I-9 after status change
Using documents that do not match current status
Employer mistakes
Accepting expired documents
Requesting specific documents
Missing the 3-day Section 2 deadline
Failing to reverify authorization
Improperly storing document copies
I-9 and E-Verify
E-Verify is a separate electronic system used by some employers to confirm I-9 information.
E-Verify process
Employee completes I-9
Employer enters data into E-Verify
System checks SSA and DHS records
Result:
Employment Authorized, or
Tentative Non-Confirmation (TNC)
If a TNC is issued, the employee has 8 business days to resolve it with SSA or DHS.
I-9 Updates When Status Changes
If your immigration status changes (for example, F-1 OPT to H-1B or H-1B to green card):
Notify HR immediately
Provide updated work authorization documents
Employer completes Section 3 reverification
Update must be completed before old authorization expires
Failure to update can cause compliance issues or E-Verify mismatches.
Remote I-9 Completion Rules
Temporary COVID-era remote I-9 flexibilities have largely ended.
Standard rule (2024–2025)
Employee must be physically present
Employer or authorized representative examines original documents in person
Scanned documents or video calls are generally not allowed
Always check current USCIS guidance for any limited exceptions still in effect.
Frequently Asked Questions
What documents can H-1B holder use for I-9?
Passport with H-1B visa and I-94 (List A) OR driver's license (List B) + I-797 approval notice + Social Security card (List C).
What documents can H-1B holder use for I-9?
Passport with H-1B visa and I-94 (List A) OR driver's license (List B) + I-797 approval notice + Social Security card (List C).
When do I need to update my I-9?
When work authorization expires or changes status. Employer completes Section 3 reverification with new documents.
When do I need to update my I-9?
When work authorization expires or changes status. Employer completes Section 3 reverification with new documents.
Can employer require I show green card?
No. Employer must accept any valid List A document or List B + C combination. Requiring specific documents is discrimination.
Can employer require I show green card?
No. Employer must accept any valid List A document or List B + C combination. Requiring specific documents is discrimination.
What if my EAD expires while I-9 is pending renewal?
File EAD renewal 180 days before expiration. Automatic 180-day extension if filed timely. Employer must reverify with new EAD or extension notice.
What if my EAD expires while I-9 is pending renewal?
File EAD renewal 180 days before expiration. Automatic 180-day extension if filed timely. Employer must reverify with new EAD or extension notice.
Can I use receipt notice for I-9?
Temporary. If you've applied for document renewal and old one expires, receipt notice provides temporary work authorization (usually 90-180 days).
Can I use receipt notice for I-9?
Temporary. If you've applied for document renewal and old one expires, receipt notice provides temporary work authorization (usually 90-180 days).
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