Knowing what types of immigration forms can be accepted for non-U.S.-residents is a very important issue for employers handling I-9 forms. Each category (in terms of immigration status) has its own set of rules and restrictions, so it’s crucial for employers to have a complete understanding of the verification process to ensure their workforce is documented and their organization is in compliance.
For U.S. citizens, the process is typically straightforward. Here are some guidelines:
- “Ninety percent of people present [their] driver’s license and social security card for purposes of their I-9.” Valentine A. Brown outlined in a recent CER webinar. This is usually perfectly acceptable assuming the documents are valid.
- If they present a U.S. passport, it must be valid to be accepted. This is a change from years past when an expired version was acceptable.
- Naturalization certificates are not acceptable for I-9 purposes.
- Name changes do not need to be recorded on I-9 forms. In other words, if someone changes their name after their employment has begun, the I-9 form does not need to be updated.
I-9 completion: What immigration forms are acceptable for legal permanent residents ?
Green Cards present one of the most confusing situations for employers.
While Legal Permanent Residents (LPRs) are required to have a valid Green Card at the time of hire, employers must abide by the I-9 document rules rather than requiring specific documentation to be provided. In short, this means that employers cannot ask to see the Green Card (or any other specific document) if other documents in the list are provided.
For example, LPRs may present a driver’s license and unrestricted social security card—this is perfectly valid. If they use these and do not present their Green Card (but still check that they are a permanent resident in Section 1), it is illegal to ask to see their Green Card. Doing so would be considered document abuse.
Here’s some additional guidance on Green Cards:
- Green Cards must be valid at the time of I-9 completion but are never re-verified. Even if the Green Card only has one day left, you must accept it and can never ask for more documentation.
- Some Green Cards may also have no expiration date – these are valid.
- The same rule applies for Green Cards that have a 2-year expiration date. These are valid and no re-verification is allowed. These are for conditional residents who have married a U.S. citizen and are in the first 2 years of the marriage.
Here is a list of the some of the other documents an LPR may use that are considered acceptable (besides showing a valid Green Card):
- An expired Green Card and a copy of the receipt notice that extends card’s validity for 1 year. Re-verification is done at the 1 year expiration date (1 year from the date on the receipt notice).
- A foreign passport with an I-551 stamp inside or an immigrant visa. (They may not have their Green Card yet in this case). These two things, however, are sufficient to prove unlimited work authorization in the United States. Re-verification of this documentation is done at the expiration date of the stamp or visa.
- I-94 card with their photo and I-551 stamp. This card is given when the person does not have a passport for some reason, but it is less common. This is a form of temporary ID. Re-verification is needed at the expiration or at the 1 year mark, whichever is later.
The above information is excerpted from the webinar “Immigration Work Permits Explained: EAD Cards, I-9s for H, L, and Green Card Holders, and More.” To register for a future webinar, visit CER webinars.
Attorney Valentine A. Brown, a partner at Duane Morris LLP in Philadelphia, serves as global immigration law counsel to a diverse group of multinational and domestic corporations and their employees. She provides advice, compliance audits, and representation to help navigate the intricacies of U.S. and foreign immigration laws.