What's my List?

For each of the items below, identify the appropriate Form I-9 list of acceptable documents for a hire on March 14, 2012:

1. An unexpired, but cancelled US Passport.
2. A school ID card with no expiration date for the school year 2010-2011.
3. A Social Security card with the annotation "For Social Security and Tax Purposes Only".
4. A Social Security card with the annotation "Valid for work only with INS Authorization".
5. An expired driver's license with a paper document from the state department of motor vehicles (DMV) stating that the paper document serves as a temporary license.

(answers below)

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Form I-9 Acceptable Documents

List A - The documents on List A show both identity and employment authorization. Employees presenting a List A document should not be asked to present any other document.

List B - The documents in List B show identity only.

List C - The documents in List C show employment authorization only.

Some individuals who present a List A document, such as certain nonimmigrant students and exchange visitors, must also present additional documentation in order to prove their work authorization in the United States.

Generally, employers may choose whether or not to retain copies of documents employees present when completing Form I-9. Employers should uniformly apply the decision to avoid discrimination. However, employers/Federal Contractors who are enrolled in E-Verify are required by the terms of the E-Verify Memorandum of Understanding (MOU) to retain photocopies of employees' EAD cards (Form I-766) and Permanent Resident Cards (Form I-551) with employees' Forms I-9. (Article II.C.5.)

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Answers

1.     List A.  A U.S. Passport is acceptable for Form I-9 purposes if it is unexpired. Therefore, a U.S. passport that has been cancelled may still be acceptable for Form I-9 purposes, provided the document is unexpired. The U.S. Department of State cancels otherwise valid and unexpired U.S. passports when issuing renewals.

2.     This school ID card is not an acceptable document for any list for a hire on March 14, 2012. If the document contains no expiration date other than the school year, the school ID expires at the end of the school year printed on the document. All Form I-9 documents must be unexpired.

3.     List C. A Social Security Number is intended to be used for Social Security and tax purposes only (employment deductions), not for identification.

4.     This social security card is not an acceptable document. On September 14, 1992, SSA began printing the legend "VALID FOR WORK ONLY WITH INS AUTHORIZATION" on cards issued to noncitizens lawfully in the U.S. with temporary authority to work. In these cases, employers must look at the noncitizen's INS document to determine if the noncitizen has current authorization to work.

5.   List B. A state-issued temporary driver's license is acceptable provided it contains a photograph or identifying information including name, date of birth, gender, height, eye color, and address. If the temporary driver's license has conditions, such as that the expired license must accompany the temporary driver's license for it to be valid, then those conditions must be followed.

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THOMAS HOUSTON associates, inc. provides assistance in Form I-9 compliance. For more information on our Form I-9 Audit/Assessment, Self-Paced On-line training or Form I-9 Toolkit, please call 1 (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.

This information is intended to be educational and should not be considered legal advice on any specific matter.