The Homeland Security Act of 2002 created an executive department combining numerous federal agencies with a mission dedicated to homeland security. On March 1, 2003, the authorities of the former Immigration and Naturalization Service (INS) were transferred to three new agencies in the U.S. Department of Homeland Security (DHS):

• U.S. Citizenship and Immigration Services (USCIS);
• U.S. Customs and Border Protection (CBP); and
• U.S. Immigration and Customs Enforcement (ICE).

The two DHS immigration components most involved with the matters discussed in this handbook are USCIS and ICE. USCIS issues most employment authorization documentation for noncitizens and administers Form I-9 and E-Verify, which electronically confirms employment eligibility. ICE enforces the penalty provisions of section 274A of the INA as well as other immigration requirements within the United States.

Under the Homeland Security Act, the U.S. Department of Justice (DOJ) retained certain responsibilities related to Form I-9 as well. In particular, the Immigrant and Employee Rights Section (IER) in the DOJ’s Civil Rights Division enforces the anti-discrimination provision in section 274B of the INA, while the Executive Office for Immigration Review (EOIR) administratively adjudicates cases under sections 274A, 274B, and 274C (civil document fraud) of the INA.

Form I-9 has been the foundation of the employment eligibility verification process since 1986, when employers began verifying the employment authorization and identity of new hires under IRCA. To improve the accuracy and integrity of this process, USCIS operates an electronic employment eligibility confirmation system called E-Verify.

E-Verify is a web-based system that allows employers and other participants to confirm the eligibility of their newly hired employees to work in the U.S. by electronically matching information on the employee’s Form I-9 against records available to the Social Security Administration (SSA) and DHS. E-Verify is free and is available to participants in all 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

Employers who participate in E-Verify must still complete a Form I-9 for each newly hired employee in the United States. E-Verify participants may accept any document or combination of documents from the Lists of Acceptable Documents on Form I-9, but if the employee chooses to present a List B and C combination, the List B (identity only) document must have a photograph. Employees must also provide their Social Security number in Section 1 of the Form I-9 if their employer is enrolled in E-Verify.

If you participate in E-Verify, after completing a Form I-9 for your new employee, you must create a case in E-Verify that includes information from Sections 1 and 2 of the employee’s Form I-9. After creating the case, you will receive a response from E-Verify regarding the employment authorization of the employee. In some cases, E-Verify will provide a response indicating a Tentative Nonconfirmation (mismatch). This does not necessarily mean the employee is unauthorized to work in the United States. Rather, it means that E-Verify is unable to immediately confirm the employee’s authorization to work in the United States. In the case of a mismatch, you must notify the employee. If the employee wishes to take action to resolve a mismatch, the employee should contact the appropriate agency (DHS and/or the SSA) within the prescribed time period stated in the Referral Date Confirmation that you will provide to the employee, and as described in the E-Verify User Manual.

When using E-Verify, participating employers must also follow certain procedures that were designed to protect employees from unfair employment actions:

• You must use E-Verify for all new hires, both U.S. citizens and noncitizens, and may not use the system selectively.
• You may not use E-Verify to prescreen applicants for employment, check employees hired before you became a participant in E-Verify (except contractors with a federal contract that requires use of E-Verify), or reverify employees who have temporary employment authorization.
• You may not terminate or take other adverse action against an employee based on a mismatch.

E-Verify strengthens the Form I-9 employment eligibility verification process that all employers, by law, must follow. By adding E-Verify to the existing Form I-9 process, participants can benefit from knowing that they have taken an additional step toward maintaining a legal workforce.

For more information about E-Verify, including enrollment, visit e-verify.gov or contact E-Verify at 888-464-4218.

Federal Contractors

On Nov. 14, 2008, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued a final rule amending the Federal Acquisition Regulation (FAR) (FAR case 2007-013, Employment Eligibility Verification). The regulation requires contractors with a federal contract that contains the FAR E-Verify clause to use E-Verify for their new hires and all employees (existing and new) assigned to the contract (48 C.F.R., Subpart 22.18). Federal contracts issued on or after Sept. 8, 2009, as well as older contracts that have been modified may contain the FAR E-Verify clause.

Federal contractors who have a federal contract that contains the FAR E-Verify clause must follow special rules when completing and updating Form I-9. For more information, please see the E-Verify Supplemental Guide for Federal Contractors available at e-verify.gov.

Employers Who Use Alternative Procedures to Examine Form I-9 Documentation

The Department of Homeland Security issued a final rule, effective August 1, 2023, which allows the Secretary to authorize alternative procedures for examining the documents employees must present to complete Form I-9. On the same date through a Federal Register Notice, the Secretary made effective Optional Alternative 1 to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9). This alternative procedure allows employers who are enrolled in E-Verify and complete certain steps to remotely examine Form I-9 documents. For more information, please see Section 4.0: Completing Section 2 of Form I-9, I-9 Central and E-Verify.gov

You may make copies (or electronic images) of the documentation you reviewed, but must return original documentation to the employee. If you make copies, they should be made consistently for all new hires and reverified employees, regardless of national origin, citizenship, or immigration status, or you may violate anti-discrimination laws.

Employers participating in E-Verify are required to retain a copy of certain documents if the employee chooses to present them. These documents include the U.S. Passport, passport card, Permanent Resident Card (also called a Green Card), or Employment Authorization Document (EAD). If you are an E-Verify employer who chooses to copy documentation other than those you are required to copy for E-Verify, you should apply this policy consistently with respect to Form I-9 completion for all employees.

If you choose to remotely examine employees’ documents, you must retain clear and legible copies of the front and back (if two-sided) of ALL Form I-9 documentation an employee presents remotely with the employee’s Form I-9. For further guidance on remotely examining documents, please see Section 4.5, Remote Document Examination (Optional Alternative Procedure to Physical Document Examination), I-9 Central and E-Verify.gov.

You must always complete Section 2 by reviewing original documentation, even if you copy an employee’s document(s) after reviewing the documentation. You are still responsible for completing and retaining Form I-9.

You must retain copies and present them with Forms I-9 in case of an inspection by DHS, the Department of Labor or the Department of Justice.

Minors can complete Form I-9 as described in Section 4.0, Completing Section 2 of Form I-9, by presenting a List A document or a combination of List B and C documents. If a minor is unable to present an identity document from List B, a parent or legal guardian may establish identity for the minor by completing Form I-9 as shown in Figures 3a and 3b.

If you participate in E-Verify, parents or legal guardians cannot establish identity for a minor as described above. The minor must present either a List A document, or a combination of a List B document that contains a photograph and a List C document.

Figure 3a: Completing Section 1 of Form I-9 for Minors without List B Documents

The minor’s parent or legal guardian completes Section 1 and enters “Individual under age 18” in the signature block. The parent or legal guardian completes a Preparer and/or Translator Certification block on Supplement A: Preparer and/or Translator Certification for Section 1.

 

Figure 3b: Completing Supplement A: Preparer and/or Translator Certification for Minors without List B Documents

Figure 4: Completing Section 2 of Form I-9 for Minors without List B documents

1. Enter “Individual under age 18” under List B and under List C, enter the document title, issuing authority, document number, and expiration date (if any) using information from the List C document the minor presented.
2. Enter the date employment began.
3. You or your authorized representative signs and dates Section 2 in the spaces provided to attest to examining the documents the employee presented. Also enter your title, last name and first name, as well as the employer’s business or organization name.
4. Enter the business’s street address, city or town, state and ZIP code.

Certain employees may have a physical or mental impairment which substantially limits one or more of their major life activities and are placed in jobs by a nonprofit organization, association, or as part of a rehabilitation program. Employees in this category who present List A documentation, or a combination of List B and C documentation, must complete Form I-9 as described in Section 4.0, Completing Section 2: Employer Review and Verification. If these employees are unable to present a List B document, they may establish identity under List B similar to minors, as shown in Figures 5a and 5b. These employees must still present a List C document.

If you participate in E-Verify, representatives of a nonprofit organization, association, or rehabilitation program; parents; and legal guardians cannot establish identity for an employee with disabilities as described above. This employee must present either List A documentation, or a combination of a List B document that contains a photograph and a List C document.

Figure 5a: Completing Section 1 of Form I-9 for Employees with Disabilities (Special Placement)

The representative of the nonprofit organization, association, or rehabilitation program; or the parent or legal guardian of the employee with a disability completes Section 1 and enters “Special Placement” in the Signature of Employee field and dates the form.

Figure 5b: Completing Supplement A for Employees with Disabilities (Special Placement)

The same representative, parent, or legal guardian completes a Preparer and/or Translator Certification block on Supplement A: Preparer and/or Translator Certification for Section 1.

Figure 6: Completing Section 2 of Form I-9 for Employees with Disabilities (Special Placement)

1. Enter “Special Placement” under List B and under List C, enter the document title, issuing authority, document number, and expiration date (if any) using information from the List C document the employee presented.
2. Enter the date employment began.
3. You or your authorized representative signs and dates Section 2 in the spaces provided to attest to examining the documents the employee presented. Whoever signs should also enter their title, last name, and first name, as well as the employer’s business or organization name.
4. Enter the business’s street address, city or town, state, and ZIP code.

You must accept a receipt in place of List A, B, or C documentation if the employee presents one, unless employment will last less than three business days. New employees who choose to present a receipt must do so within three business days after their first day of employment, or for reverification or existing employees, by the date that their employment authorization expires.  

Table 2 provides a list of acceptable receipts an employee can show. Enter the word “Receipt” followed by the title of the document in Section 2 under the list that relates to the receipt.

When your employee presents the original replacement document, cross out the word “Receipt,” then enter the information from the new documentation into the Additional Information field in Section 2, and initial and date the change.

Accepting a second receipt at the end of the initial receipt validity period is not permissible.

Table 2 Acceptable Receipts

Employers who participate in E-Verify in good standing are qualified to remotely examine their employee’s documentation using a DHS-authorized alternative procedure at their E-Verify hiring sites. This includes the use of an authorized representative acting on your behalf, such as a third-party vendor. If you choose to offer the alternative procedure to new employees at an E-Verify hiring site, you must do so consistently for all employees at that site. However, you may choose to offer the alternative procedure for remote hires only but continue to apply physical examination procedures to all employees who work onsite or in a hybrid capacity, so long as you do not adopt such a practice for a discriminatory purpose or treat employees differently based on their citizenship, immigration status, or national origin, such as by deciding that certain employees are not eligible for remote examination of their documentation. To examine your employee’s documentation remotely, you must be enrolled in good standing in E-Verify, and complete the following steps: 

1. Examine copies (front and back, if the document is two-sided) of Form I-9 documents or an acceptable receipt to ensure that the documentation presented reasonably appears to be genuine;
2. Conduct a live video interaction with the individual presenting the document(s) to ensure that the documentation reasonably appears to be genuine and related to the individual. The employee must first transmit a copy of the document(s) to the employer (per Step 1 above) and then present the same document(s) during the live video interaction;
3. Indicate on the Form I-9, by completing the corresponding box, that an alternative procedure was used to examine documentation to complete Section 2 or for reverification in Supplement B, as applicable; and
4. Retain a clear and legible copy of the documentation (front and back if the documentation is two-sided).

In the event of a Form I-9 audit by a federal government official, make available the clear and legible copies of the identity and employment authorization documentation presented by the employee for document examination in connection with the employment eligibility verification process.

Figure 7: Checkbox in Section 2 to Indicate Remote Documentation Examination

Continue to complete the Form I-9 according to Form I-9 instructions and related guidance on I-9 Central and in the M-274, Handbook for Employers.

Some noncitizens in certain employment eligibility categories who timely file Form I-765, Application for Employment Authorization, to renew their employment authorization and/or EADs may receive automatic extensions of their employment authorization and/or EADs for up to 540 days while their renewal applications remain pending.

Those who timely and properly file(d) their EAD renewal applications between May 4, 2022, and Oct. 26, 2023, or between April 8, 2024, and Sept. 30, 2025, may be eligible to receive an extension of up to 540 days as provided by temporary final rules 87 FR 26614 and 89 FR 24628. Employees who timely filed their EAD renewal applications on or after Oct. 27, 2023, but before April 8, 2024, and whose applications remain pending on or after April 8, 2024, are also eligible to receive an extension of up to 540 days as provided by 89 FR 24628. The extension begins on the “Card Expires” date on face of their EAD and generally continues for up to 540 days as applicable, or until USCIS adjudicates the renewal application, whichever comes earliest.  An automatic extension of employment authorization and/or EAD validity depends on these eligibility requirements:

• Employees must have timely and properly filed an application to renew their employment authorization and/or EAD on Form I-765, Application for Employment Authorization, before the EAD expires, and the Form I-765 EAD renewal application remains pending. Exception: Employees with EADs based on Temporary Protected Status (TPS) (A12 and C19), whose EAD renewal applications were filed during the re-registration period described in the Federal Register notice applicable to their country’s TPS designation, may receive the automatic extension, even if their renewal application was filed after the expiration date on the EAD.
• The eligibility category on the front of the employee’s EAD must have the same eligibility category as the employee’s Form I-797C, Notice of Action, issued for the corresponding EAD renewal application. Exceptions:
  • In the case of an EAD and I-797C, Notice of Action, where each contains either an A12 or C19 TPS category code, the category codes do not have to match.
  • For H-4 (C26), E (A17) and L-2 (A18) dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status, including E-1S, E-2S, E-3S and L-2S class of admission codes, must accompany Form I-797C.
• Employees must have one of these qualifying eligibility categories to receive an automatic extension of their employment authorization and/or EAD validity: A03, A05, A07, A08, A10, A17*, A18*, C08, C09, C10, C16, C20, C22, C24, C26*, C31, and A12 or C19.  The eligibility categories are published on the USCIS Automatic EAD Extension page. Some category codes on the EAD may include the letter ‘P’ such as C09P. Employers should disregard the letter ‘P’ when comparing the category code on the EAD with the category code on the Form I-797C, Notice of Action.  *There are limitations on employees who file a Form I-765 renewal application within categories A17, A18, and C26 for an automatic extension. See A17, A18, and C26 guidance below.

If an employee is eligible for the automatic extension, acceptable proof of employment authorization and/or EAD validity during the automatic extension period includes: an EAD that appears expired on the face of the card presented with a Form I-797C, Notice of Action, that shows a timely filed EAD renewal application in the same employment eligibility category as the EAD (except TPS-based EADs and notices, which could have A12 or C19 category codes).  See Automatic EAD Extensions for Temporary Protected Status (TPS) Beneficiaries in Section 5.3 for information on TPS-based EAD automatic extensions that may not require a Form I-797C, Notice of Action, and Guidance for Employees under Category Codes A17, A18, and C26 for information about the additional unexpired Form I-94 documentation that H-4, E, and L-2 dependent spouses need to present with a Form I-797C, Notice of Action.

Finding Information on Form I-797C: Sample A

I-797 RECEIPT NOTICE EXEMPLAR

The receipt number appears on Form I-797C, Notice of Action, in the Receipt Number field, as noted in number 1.

The filing date (the date USCIS received the application) appears in the Received Date field, as noted in number 2. Except as explained below for TPS beneficiaries, this date should be on or before the “Card Expires” date on the EAD. Also, if the “Received Date” is between May 4, 2022, and Sept. 30, 2025, the automatic extension period is up to 540 days from the “Card Expires” date on the face of the EAD. Certain TPS beneficiaries are eligible for this extension if they have timely and properly filed to renew their EAD during the re-registration period as directed in the Federal Register Notice applicable to their country’s TPS designation. Therefore, the filing date on a TPS beneficiary’s Form I-797C might be after the “Card Expires” date on their TPS-based EAD. For more information, go to https://www.uscis.gov/humanitarian/temporary-protected-status.

The category may appear on Form I-797C in the Class Requested field, as noted in number 3. If you do not see this field, see Sample B below.

Finding Information on Form I-797C: Sample B

I-797 RECEIPT NOTICE EXEMPLAR

The receipt number appears on Form I-797C in the Receipt Number field, as noted in number 1.

The filing date (the date USCIS received the application) appears in the Received Date field, as noted in number 2. This date should be on or before the “Card Expires” date on the EAD, unless the EAD renewal application and EAD are based on TPS. For TPS-based EADs, the date may be after the “Card Expires” date on the EAD (but must be during the re-registration period stated in the applicable TPS Federal Register Notice). See Section 5.3.  The category may appear on Form I-797C in the Eligible Category field, as noted in number 3. The category may appear on Form I-797C in the Eligible Category field, as noted in number 3.

How to Complete Form I-9 for EADs Automatically Extended Based on a Pending Form I-765 Renewal Application

New Employees

New employees presenting an EAD that has been automatically extended must complete Section 1 as follows:

• Select “A noncitizen authorized to work until;” and
• Enter the date that is 540 days from the “Card Expires” date on the EAD as the expiration date of employment authorization. Employees whose status does not expire, such as refugees or asylees, should enter “N/A” as the expiration date.

In Section 2, in the List A column, the employer must:

• Enter “EAD” in the Document Title field.
• Enter the Card Number from the EAD in the Document Number field.
• In the Expiration Date field, enter the date 540 days from the “Card Expires” date on the EAD if the “Received Date” on Form I-797C is between May 4, 2022, and Sept. 30, 2025.

For automatic extensions the employer should enter “EAD EXT” in the Additional Information field. Additionally, since your employee’s extension is for up to 540 days, you may keep a copy of the USCIS webpage describing the temporary extension of up to 540 days with the employee’s Form I-9.

You may use the Employment Authorization Document (EAD) Automatic Extension Calculator to determine extended expiration dates.

Rehired Employees

For employees rehired within three years from the date you completed the employee’s previous Form I-9 and who qualify for this extension, you must complete Form I-9 following the process described above or in Section 6.2.  If the employee’s original Form I-9 was completed on a Form I-9 that is no longer valid, you must either complete the latest version of Form I-9 or Supplement B, Reverification and Rehire, and attach it for this employee.

Current Employees

For a current employee whose employment authorization and/or EAD has been automatically extended and who presents a Form I-797C, Notice of Action, you must update Form I-9 enter the appropriate automatic extension expiration date in the Section 2 Additional Information field. Employers should also enter “EAD EXT” in the Additional Information field and may keep a copy of the USCIS webpage describing the temporary extension of up to 540 days with the employee’s Form I-9, if applicable. If the employee’s original Form I-9 was completed on a Form I-9 that is no longer valid, enter EAD EXT and the new expiration date in the Additional Information field in Section 2 of the latest version of Form I-9 and retain it with the employee’s original Form I-9.

Guidance for Employees under Category Codes A17, A18, and C26

Employees with EADs with category codes A17, A18, and C26 require additional documentation supplementing the Form I-797C, Notice of Action, to show that the EAD has been automatically extended. These employees must present a Form I-94, Arrival/Departure record indicating unexpired nonimmigrant status (E-1, E-1S, E- 2, E-2S, E-3, E-3S, H-4, L-2 or L-2S), along with a Form I-797C, Notice of Action, that shows a timely-filed EAD renewal application stating the “Class requested” as “(A17),” “(A18),” or “(C26),” and the EAD that appears expired on the face of the card as having been issued under the same category (that is, Category A17, A18, or C26).

For a new employee, in Section 2, in the List A column, the employer must:

• Enter “EAD” in the Document Title field.
• Enter the Card Number from the EAD in the Document Number field.
• In the Expiration Date field, enter the date that is 540 days from the “Card Expires” date on the EAD if the “Received Date” on Form I-797C is between May 4, 2022, and Sept. 30, 2025, or the end date of the Form I-94, whichever is earlier.
• Enter the Form I-94 document information in the second set of List A Document entry fields.

To calculate the new expiration date:

• Add 540 to the EAD “Card Expires” date.
• Compare the 540-day auto-extended date to the Form I-94 end date.
• Whichever date is earlier is the new EAD expiration date.

The employer should enter “EAD EXT” in the Additional Information field in Section 2. If applicable, you may keep a copy of the USCIS webpage describing the temporary EAD extension of up to 540 days with the employee’s Form I-9. Employers must reverify employment authorization at the end of the automatic extension period.

Updating Form I-9 for an Employee with An Existing 180-Day Automatic Extension

If your employee’s Form I-797, Notice of Action, for their EAD renewal application has a Received Date of Oct. 27, 2023, through April 7, 2024, and refers to a 180-day extension, and the EAD renewal application is still pending on or after April 8, 2024, the employee is eligible to receive an additional extension of 360 days as provided in the temporary final rule (FR 24628), for a total of 540 days counted from the “Card Expires” date stated on the face of the EAD. Employees whose EAD Category Codes are A17, A18, and C26 may not necessarily receive the full 360-day extension, and this is explained below in the For Category Codes A17, A18, and C26 guidance.

You must update the Additional Information field in Section 2 of the employee’s Form I-9 to include the new EAD expiration date no later than the date the employee’s 180-day automatic extension will end. Employers are not required to re-examine documents; however, your employee may present a Form I-797C, Notice of Action, EAD and, if applicable, Form I-94 again if you need to re-examine the “Card Expires” date and the category code(s) to determine eligibility and/or accurately calculate the increased automatic extension.

Your employee’s Form I-797C, Notice of Action, that refers to an automatic EAD extension of up to 180 days is acceptable evidence of the extension of up to 540 days, provided the above-described eligibility requirements are satisfied.

You should update the employee’s original Form I-9 to add 360 days to the employee’s EAD 180-day automatic extension date located in Section 2. You could also determine the automatic extension date by adding 540 days to the “Card Expires” date shown on the EAD. If the employee’s original Form I-9 was completed on a Form I-9 version that is no longer valid, you should enter the new EAD expiration date in the Additional Information field in Section 2 of a new Form I-9 and retain it with the employee’s original Form I-9.

Employers may keep a copy of the USCIS webpage describing the temporary EAD extension of up to 540 days with the employee’s Form I-9.

For Category Codes A17, A18, and C26

This guidance applies to employees who fall within category codes A17, A18, or C26 and therefore are either H-4, E, or L-2 dependent spouses, including E-1S, E-2S, E-3S and L-2S class of admission codes listed on Form I-94. Your employee’s automatic extension period cannot exceed the Form I-94 end date. Under this circumstance, your employee could have an extension that is greater than 180 days but less than the additional 360 days.

Your employee’s Form I-797C, Notice of Action, may refer to an automatic EAD extension of up to 180 days and is acceptable evidence of the 540-day extension, but cannot exceed the Form I-94 end date, provided the above-described eligibility requirements are satisfied.

In the Additional Information field of Section 2, you should enter either the Form I-94 end date or the EAD “Card Expires” date plus up to 360 days, whichever date is earlier. Note that if the employee’s original Form I-9 was completed on a Form I-9 version that is no longer valid, you should enter the new expiration date in the Additional Information field in Section 2 of a new Form I-9, initial and date the notation, and retain it with the employee’s original Form I-9.

Reverification

You must reverify employees’ employment authorization when the automatic extension of their employment authorization and/or EAD ends (whichever is earlier). You can reverify temporary employment authorization before the automatic extension ends if an employee presents any acceptable, unexpired document that shows employment authorization, such as any acceptable document from List A or C.

You must reverify employees’ employment authorization when the automatic extension of their employment authorization and/or EAD ends (whichever is earlier). You can reverify temporary employment authorization before the automatic extension ends if an employee presents any acceptable, unexpired document that shows employment authorization, such as any acceptable document from List A or C.

Updating Form I-9 for an Employee with An Existing 180-Day Automatic Extension

If your employee’s Form I-9 was completed on or after May 4, 2022, showed an EAD that was automatically extended by 180 days, the employee was eligible to receive an additional extension of 360 days as provided in the temporary final rule (87 FR 26614), for a total of 540 days counted from the “Card Expires” date stated on the face of the EAD. Employees whose EAD Category Codes are A17, A18 and C26 may not necessarily receive the full 360-day extension, and this is explained below in the For Category Codes A17, A18, and C26 guidance.

You must have updated the Additional Information field in Section 2 of the employee’s Form I-9 to include the new expiration date no later than the date the employee’s 180-day automatic extension ended. Employers were not required to re-examine documents; however, your employee may have presented a Form I-797C, Notice of Action, EAD and, if applicable, Form I-94 again if you needed to re-examine the “Card Expires” date and the category code(s) to determine eligibility and/or accurately calculate the increased automatic extension.

Your employee’s Form I-797C, Notice of Action, may have referred to an automatic EAD extension of up to 180 days and was acceptable evidence of the extension of up to 540 days, provided the above-described eligibility requirements are satisfied.

You should have updated the employee’s original Form I-9 to add 360 days to the employee’s EAD 180-day automatic extension date located in Section 2. You could have also determined the automatic extension date by adding 540 days to the “Card Expires” date shown on the EAD. Note that if the employee’s original Form I-9 was completed on a Form I-9 version that was no longer valid, you should have entered the new EAD expiration date in the Additional Information field in Section 2 of a new Form I-9 and retained it with the employee’s original Form I-9.

Employers may keep a copy of the USCIS webpage describing the temporary EAD extension of up to 540 days with the employee’s Form I-9.

For Category Codes A17, A18, and C26

This guidance applied to employees who fell within category codes A17, A18, or C26 and therefore were either H-4, E, or L-2 dependent spouses, including E-1S, E-2S, E-3S and L-2S class of admission codes on Form I-94. Your employee’s automatic extension period could not exceed the Form I-94 end date. Under this circumstance, your employee could have had an extension that was greater than 180 days but less than the additional 360 days.

Your employee’s Form I-797C, Notice of Action, may have referred to an automatic EAD extension of up to 180 days but was acceptable evidence of the extension of up to 540 days, but could not exceed the Form I-94 end date, provided the above-described eligibility requirements were satisfied.

In the Additional Information field of Section 2, you should have entered either the Form I-94 end date or the EAD “Card Expires” date plus up to 360 days, whichever date was earlier. Note that if the employee’s original Form I-9 was completed on a Form I-9 version that is no longer valid, you should have entered the new expiration date in the Additional Information field in Section 2 of a new Form I-9, initialed and dated the notation, and retained it with the employee’s original Form I-9.

Employment Authorization Resumption for Certain Categories Whose 180-Day Extension Had Expired as of May 4, 2022

(This guidance no longer applies to newly hired employees.) At its inception, the temporary final rule sought to reinstate expired EADs for certain categories who had a 180-day automatic extension that had passed without having received a new EAD. Beginning May 4, 2022, employment eligibility and/or EAD validity resumed for a period not to exceed 540 days from the “Card Expires” date on the EAD for qualifying noncitizens with a pending renewal Form I-765, Application for Employment Authorization, who experienced a gap in employment authorization and/or the validity of their EAD because their 180-day automatic extension ended prior to May 4, 2022.

The rule did not cure any unauthorized employment that may have accrued prior to issuance of the rule. To calculate whether there was any automatic extension time remaining, employers counted 540 days from the expiration date stated on the front of the EAD. If an employee fell within category codes A17, A18, or C26 and therefore were either H-4, E, or L-2 dependent spouses, including E-1S, E-2S, E-3S and L-2S class of admission codes on Form I-94, employers counted up to either 540 days or the expiration date on Form I-94, whichever was earlier. The last possible automatic extension based on this resumption of employment authorization was valid through April 28, 2023.

Your employee’s Form I-797C, Notice of Action, may have referred to an automatic EAD extension of up to 180 days and when combined with their EAD, was acceptable evidence of the extension of up to 540 days, provided that the above-described eligibility requirements were satisfied.

Reverification

You should have reverified employees’ employment authorization when their automatic extension ended, and no later than the date their employment authorization expired.

DHS may extend the expiration date of a TPS beneficiary’s EAD either by Federal Register notice or an individual notice mailed to the beneficiary. Based on the temporary final rule (89 FR 24628), certain TPS beneficiaries are eligible for an EAD extension based on the timely and proper filing to renew their EAD. For TPS-based EADs, timely filing under the temporary final rule means the EAD renewal application is filed during the TPS re-registration period indicated in the Federal Register notice for their country’s designation (for more information, see Section 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document). You may not ask employees to prove they are nationals of a country that DHS has designated for TPS.

Automatic Extensions by Federal Register Notice (FRN)

FRNs announcing TPS actions generally include an automatic extension of the expiration date of all associated TPS EADs that contain a specific “Card Expires” date and a category code of A12 or C19. The FRNs provide detailed instructions for completing or updating Form I-9. For TPS EAD automatic extension information, check the USCIS TPS webpage.

How to Complete Form I-9 for EADs Extended by FRN

In Section 1, new employees presenting an EAD automatically extended by FRN must:

• Select “A noncitizen authorized to work;” and
• Enter the EAD automatic extension date provided in the appropriate FRN as the expiration date. Employees can find a link to their TPS country’s FRN on the USCIS TPS webpage.

In Section 2, in the List A column, the employer must:

• Enter “EAD” in the Document Title field.
• Enter the document number from the EAD with Category A12 or C19, as applicable.
• Enter the automatic extension date provided in the FRN as the document expiration date.

For a current employee whose EAD has been automatically extended by FRN, employers must provide updated information on Form I-9. They should enter “EAD EXT” and the EAD automatic extension date from the FRN in the Additional Information field in Section 2. For example, EAD EXT mm/dd/yyyy.  If the employee’s original Form I-9 was completed on a Form I-9 version that is no longer valid, complete the latest version of Form I-9 as described above and retain it with the employee’s original Form I-9.

Automatic Extensions by Individual Notice

DHS may extend the EAD expiration date for some or all TPS beneficiaries of a certain country by issuing an individual notice that contains the new EAD expiration date. Check the USCIS TPS webpage for the latest information on TPS countries whose beneficiaries may have been issued individual notices.

New employees who are TPS beneficiaries may present the individual notice, along with their EAD with a Category Code of A12 or C19, to complete Form I-9. Employers should ensure the employee’s name and A-Number or USCIS Number on the EAD matches the name and A-Number or USCIS Number, provided in the individual notice.

How to Complete Form I-9 for EADs Extended by Individual Notices

In Section 1, new employees presenting an EAD automatically extended by an individual notice must:

• Select “A noncitizen authorized to work until;” and
• Enter the EAD automatic extension date provided in the individual notice as the expiration date.

In Section 2, in the List A column, the employer must:

• Enter EAD in the Document Title field.
• Enter the document number from the EAD with Category A12 or C19, as applicable.
• Enter the automatic extension date provided in the individual notice as the document expiration date.

For a current employee whose EAD has been automatically extended by individual notice, you must provide updated information on Form I-9. You should enter “EAD EXT” and the EAD automatic extension date from the individual notice in the Additional Information field in Section 2. For example, EAD EXT mm/dd/yyyy.  Note that if the employee’s original Form I-9 was completed on a Form I-9 version that is no longer valid, enter “EAD EXT” and the new expiration date in the Additional Information field in Section 2 of the latest version of Form I-9 and retain it with the employee’s original Form I-9.

Reverification

You must reverify employees’ employment authorization when their automatic extension ends, and no later than the date their employment authorization expires. You can reverify temporary employment authorization before the automatic extension ends if an employee presents any unexpired document that shows employment authorization, such as any acceptable document from List A or C.

You must reverify an employee’s employment authorization no later than the date employment authorization expires. The employee must present a document that shows current employment authorization, such as any documentation from List A or C, including an unrestricted Social Security card. You must reject a restricted Social Security card and ask the employee to provide a different document from List A or C.  You can also accept certain receipts for reverification; see the Acceptable Receipts table in Section 4.4, Acceptable Receipts, for more information. You cannot continue employing a person who does not provide proof of current employment authorization. 

When you must reverify an employee, you will complete one block of Supplement B, Reverification and Rehire (formerly Section 3) and attach it to the employee’s original Form I-9. You may use additional blocks on this supplement for subsequent reverifications or updates, attaching additional supplement sheets as needed.  If the employee’s previous update or reverification was completed on a Form I-9 version that is no longer valid, you must also complete Supplement B, Reverification and Rehire and attach it to the employee’s original Form I-9. Please check uscis.gov/i-9 for the current Form I-9.

To reverify your employee using Supplement B, Reverification and Rehire:

• Enter the employee’s full name from the original Form I-9 at the top of the supplement.
• If the employee’s name has changed, enter the new name in the appropriate New Name fields in one block of the supplement. Enter only the part of the name that has changed. For example, for employees who changed only their last name, enter the last name in the Last Name field and leave the First Name and Middle initial fields blank.
• Enter the document title, number and expiration date in that block of the supplement.
• You must sign, date and enter your name in the appropriate fields in that block. Keep this supplement page with the original Form I-9.

Some employees may have entered N/A in the expiration date field in Section 1 if they are noncitizens whose employment authorization does not expire, such as asylees, refugees, or certain citizens of the Federated State of Micronesia, the Republic of the Marshall Islands, or Palau. Reverification does not apply for such individuals unless they choose to present evidence of employment authorization in Section 2 that contains an expiration date and requires reverification, such as Form I-766, Employment Authorization Document. Employees with expiring immigration status, employment authorization, or employment authorization documents should have the necessary application or petition filed well in advance to ensure they maintain continuous employment authorization and/or valid documents. USCIS provides employment authorization extensions under certain conditions. See Section 7.0, Evidence of Employment Authorization for Certain Categories, for more information.

If you rehire employees within three years from the date you completed their previous Form I-9, you may complete a block on Supplement B, Reverification and Rehire, or you instead complete a new Form I-9.

Figure 9: Completing Supplement B, Reverification and Rehires

If completing a Supplement B block for a rehired employee, follow these guidelines:

• If they are still authorized to work, they do not need to provide any additional documents. This includes U.S. citizens, noncitizen nationals, and lawful permanent residents who presented a Form I-551. For these employees, you must:
  • Enter the employee’s full name from the original Form I-9 at the top of the supplement. Enter any name change in the New Name fields. Enter only the part of the name that has changed. For example, for employees who changed only their last name, enter the last name in the Last Name field and leave the First Name and Middle Initial fields blank.
  • Enter their rehire date in the Date of Rehire field.
  • Enter your name and sign and date the supplement block.
• If their employment authorization has expired, you must:
  • Enter the employee’s full name from the original Form I-9 at the top of the supplement.
  • Enter any name change in the New Name fields.
  • Enter the rehire date in the Date of Rehire field.
  • Reverify their employment authorization in the Expiration Date fields.
  • Enter your name and sign and date the supplement block.
• If the previous Form I-9 is an old version of the form, you must complete a new block in Supplement B on the current version of the form. Please check uscis.gov/i-9 for the current Form I-9.
• If you already used a block in Supplement B of the employee’s previous Form I-9, but are rehiring them within three years of the date the original Form I-9 was completed, complete a subsequent block on the supplement. Employees rehired three years after you originally completed their Form I-9 must complete a new Form I-9.
• Enter the employee’s new name, if applicable.
• Enter the employee’s date of rehire, if applicable
• Enter the List A or C document title, number, and expiration date (if any)
• Sign and date the block of the supplement you completed.

Note: If you need to reverify the employment authorization of an existing employee who completed an earlier version of Form I-9, the employee may choose any List A or C document(s) from the Lists of Acceptable Documents for the most current version of Form I-9. Enter the information from the new document(s) in Supplement B, Reverification and Rehire of the current version of Form I-9 and keep it with the previously completed Form I-9. Visit uscis.gov/i-9 for the most current version of Form I-9.

During reverification or rehire, if an employee has had a legal name change (such as by getting married), you must enter their new legal name in the New Name fields of a block of Supplement B, Reverification and Rehire, as described in Sections 6.1 and 6.2.  If they legally changed their name at any other time, we recommend you update the New Name fields in a subsequent block on the original supplement page or a new supplement page as needed, as soon as you learn of the change, so that you maintain correct information on the form.

To enter a legal name change in Supplement B, Reverification and Rehire without reverification or rehire:

• Enter the employee’s new name in the New Name fields.
• Enter your name and sign and date the block you completed on Supplement B, Reverification and Rehire.

In either situation, you should take steps to ensure the employee’s name change is accurate. This may include asking them to provide legal documentation showing the name change, such as a marriage certificate. Make a copy of that document to keep with Form I-9 in the event of an inspection.

You may encounter situations other than a legal name change where an employee informs you (or you have reason to believe) that their identity is different from what they used to complete their Form I-9. For example, an employee may have been working under a false identity, has subsequently obtained work authorization in their true identity, and wishes to regularize their employment records. In that case, you should complete a new Form I-9. Write the original hire date in Section 2 and attach the new Form I-9 to the previously completed Form I-9 and include a written explanation.

In cases where an employee has worked for you using a false identity but demonstrates current authorization to work in the United States, Form I-9 rules do not require termination of employment.

In addition, there may be other laws, contractual obligations, or company policies that you should consider before taking action. For example, the INA prohibits discrimination based on citizenship, immigration status, and national origin. See Section 11.0, Unlawful Discrimination and Penalties for Prohibited Practices, for more information.

For E-Verify employers:

• Your employees should record their legal name change with the SSA to avoid mismatches in E- Verify. For more information, visit www.e-verify.gov.
• If you complete a new Form I-9 based on a non-legal name change, you should confirm the new Form I-9 information through E-Verify. If you do not complete a new Form I-9, you should not create a new E-Verify case.
• Federal contractors who are subject to the Federal Acquisition Regulation (FAR) E-Verify clause and who choose to verify existing employees by updating an already-completed Form I-9 are subject to special rules regarding when they must complete a new Form I-9. If you choose to update Form I-9 for existing employees, you must complete a new Form I-9 when an employee changes their name. For more information, see the E-Verify Supplemental Guide for Federal Contractors, at e-verify.gov.

You must allow employees to choose which document(s) they will present from the Lists of Acceptable Documents. In Section 2, an LPR may choose to present a List A document (such as Form I-551, Permanent Resident Card, commonly referred to as a Green Card) or a List B and C document combination (such as a state-issued driver’s license and unrestricted Social Security card). You are not required to reverify the employment eligibility of a lawful permanent resident who presented these documents and you should not reverify their employment authorization.

Forms I-551 may have:

• No expiration date. We issued these cards from January 1977 to August 1989.
• A 10-year expiration date.
• A two-year expiration date.

LPRs may also present an expired or expiring PRC in combination with either of these receipt notices as a List A document:

• Form I-797, Notice of Action, receipt notice for Form I-90, Application to Replace Permanent Resident Card.
• Form I-797C, Notice of Action, receipt notice for Form N-400, Application for Naturalization, that contains an automatic extension of the Permanent Resident Card.

The receipt notice extends the Permanent Resident Card’s validity beyond the date on the front of the card. The receipt notice will specify the length of the automatic extension.

Reverification is never required when any of the documents listed above in this section expire.

Temporary Form I-551 Requires Reverification

If an LPR or conditional resident presents one of the temporary Forms I-551 listed below, you must reverify their employment authorization using Supplement B, Reverification and Rehire:

• List A receipt: The arrival portion of Form I-94, Arrival/Departure Record, containing an unexpired temporary I-551 (ADIT) stamp and a photograph of the employee. The employee must present their Form I-551 to you no later than when the stamp expires, or one year after U.S. Customs and Border Protection issues the Form I-94 if the stamp does not contain an expiration date.
• List A document: A foreign passport with either a temporary I-551 (ADIT) stamp or I-551 printed notation on a machine-readable immigrant visa (MRIV). The employee must present a List A or List C document to you when the stamp expires, or one year after the admission date if the stamp does not contain an expiration date.
  • Most MRIVs contain the following language on the visa: “UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR.” The one-year time period begins on the date of admission. If the employee receives an MRIV without the statement “FOR 1 YEAR,” you should treat the MRIV as evidence of permanent residence status for one year from the date of admission.
  • If the stamp in the passport is endorsed “CR-1” and is near but not on the MRIV, it is still a valid endorsement.
  • Enter the number in red font under the MRIV “Expires On” date as the document number.
• List C document: An expired PRC with a Form I-797, Notice of Action, receipt notice for either a Form I-751, Petition to Remove Conditions or a Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, that indicates USCIS has extended the card’s validity. You must reverify the employee’s employment authorization before their extension ends.

Native Americans may present a List A document or List B and C document for Form I-9.

A Native American tribal document is an official tribal or community membership document issued by a Native American Indian tribe, or an Alaska Eskimo or Aleut community, that is recognized by the U.S. federal government. A tribal or community membership document that is issued by a tribe or community that is not recognized by the U.S. federal government is not an acceptable Native American tribal document for Form I-9 purposes. Because federal recognition of tribes and communities can change over time, you should check the Department of Interior’s Bureau of Indian Affairs website to determine if the tribe or community that issued the tribal or community membership document is federally recognized. Use the following guidance to determine if the document is acceptable as evidence of both identity and employment authorization, or only for identity purposes.

Table 3 Native American Tribal Documents

The following documents are not considered Native American tribal documents for Form I-9 purposes and are not acceptable as a List A, List B or List C document:

• A tribal membership document issued by a Canadian First Nation; and
• A Certificate of Indian Status (commonly referred to as an "INAC card") issued by Indigenous and Northern Affairs Canada.

While individuals who have these documents might qualify for employment authorization under INA section 289 (and, if applicable, 8 CFR 289.2), a tribal membership card issued by a Canadian First Nation, or INAC card issued by the Government of Canada cannot, by itself, establish employment authorization.

If you participate in E-Verify, all List B documents presented by employees, including Native American tribal documents, must contain a photograph. This includes Native American tribal documents presented as a List B document. If the employee's Native American tribal document does not contain a photograph, you should request the employee provide a different List B document with a photograph. The Native American tribal document may be acceptable as the employee's List C document, see table above. Your employee may also choose to provide a List A document instead of a List B and List C document.

Refugees and asylees are employment eligible incident to their status and are authorized to work indefinitely because their immigration status does not expire. They may present any List A document or a combination of List B and List C documents from the Form I-9 Lists of Acceptable Documents to demonstrate identity and employment authorization. Employees may also present an acceptable receipt instead of the List A, B or C document. For more information about receipts, including the receipts refugees and asylees may present, see the information below in this section or Section 4.4, Acceptable Receipts.

Refugees

Upon admission to the United States, DHS provides refugees with a Form I-94, Arrival/Departure Record, which does not expire.

When completing Form I-9, refugees should check “A noncitizen authorized to work” and enter “N/A” on the Expiration Date field in Section 1, even if they have an EAD with an expiration date.

The departure portion that contains an unexpired refugee admission stamp or an electronic Form I-94 with an admission class of “RE” is an acceptable receipt establishing both employment authorization and identity for 90 days. If the refugee presents this receipt, at the end of the 90-day receipt period, the refugee must present either an EAD or a document from List B, such as a state-issued driver’s license, with a document from List C, such as an unrestricted Social Security card.

Refugees may also present an expired EAD with a Form I-797C, Notice of Action, if the notice lists the same employment authorization category as the expired EAD. This combination is considered an unexpired List A document and is valid for up to 540 days after the “Card Expires” date on the EAD.­ For more information, see Section 5.0, Automatic Extensions of Employment Authorization and/or Employment Authorization Documents (EADs) in Certain Circumstances.

Table 4: Documentation Refugees May Present

This table provides examples of documentation refugees may present to complete Form I-9 and whether the reverification of employment authorization is required.

Asylees

After being granted asylum in the United States, DHS issues a Form I-94, Arrival/Departure Record, to asylees. Form I-94 will contain a stamp or notation, such as “asylum granted indefinitely” or the appropriate provision of law (8 CFR 274a.12(a)(5) or INA 208) to show their employment authorization. The asylee does not need to present a foreign passport with this Form I-94. An asylee can also present an electronic Form I-94 with an admission class of “AY.” Form I-94 is an acceptable List C document and does not expire or require reverification. Asylees who choose to present this document must also present a List B identity document, such as a state-issued driver’s license or identification card.  

When completing Form I-9, asylees should indicate “a noncitizen authorized to work” and enter “N/A” on the expiration date line in Section 1, even if they have an EAD with an expiration date.

USCIS issues EADs to asylees. These are acceptable List A documents; however, decisions from immigration judges or the Board of Immigration Appeals granting asylum are not acceptable List C documents because they are not issued by DHS.

Table 5: Documentation Asylees May Present

This table provides examples of documentation asylees may present to complete Form I-9 and whether reverification of employment authorization is required.

Each year, thousands of exchange visitors, international students, and their dependents come to the United States to study and work.

U.S. businesses use the H-1B program to temporarily employ foreign workers in a specialty occupation that requires theoretical or technical expertise in a certain field, such as science, engineering, or computer programming. As a U.S. employer, you may submit a Form I-129, Petition for a Nonimmigrant Worker, to USCIS for nonimmigrants who have certain skills, provided they meet established requirements. You must also include an approved Form ETA 9035, Labor Condition Application, with Form I-129 and other documentation.

• A Newly Hired Employee with H-1B Classification. If USCIS approves your petition, you will receive Form I-797, Notice of Action, which indicates that the foreign worker has been approved for H-1B classification. Once your employee begins working for you, you must both complete Form I-9.
• H-1B Extensions. USCIS can approve H-1B petitions for an initial period of up to three years and can grant extensions for up to an additional three years. Under certain circumstances, USCIS may extend an H-1B worker’s employment authorization beyond the six-year limit.
• H-1B Continuing Employment with the Same Employer. For an H-1B worker to continue working for you beyond the expiration of their current H-1B status (as indicated by the expiration date on their Form I-797), you must request an extension of stay before the end date of their approved H-1B status . If you timely file a Form I-129 to extend their status, they are authorized to continue working for up to 240 days while USCIS processes the petition, or until USCIS makes a decision on your petition, whichever comes first. When your employee’s work authorization expires, you should write “240-Day Ext.” and enter the date you submitted Form I-129 to USCIS in the Additional Information field in Section 2. You must reverify the employee’s employment authorization using Supplement B, Reverification and Rehire once you receive USCIS’s decision, or by the end of the 240-day period, whichever comes first. See Section 7.7, Extensions of Stay for Other Nonimmigrant Categories.
• H-1B Employees Changing Employers (Porting). An H-1B employee who is changing H-1B employers may begin working for the new employer as soon as the employer files a Form I-129 petition on behalf of the employee, however, the employer must do this before the employee’s period of authorized stay expires. You must also complete a new Form I-9 for this newly hired employee. An H-1B employee’s unexpired Form I-94 issued for employment with the previous employer, along with their foreign passport, qualifies as a List A document. You should write “AC-21” and enter the date you submitted Form I-129 to USCIS in the Additional Information field in Section 2. See Section 7.7, Extensions of Stay for Other Nonimmigrant Categories.

For more information about employing H-1B workers, please visit our H-1B webpage. You may also read the Form I-129 Instructions for more information on filing extensions of stay.

The H-2A program allows U.S. employers to bring foreign workers to the United States to fill temporary or seasonal agricultural jobs (usually lasting no longer than one year) if U.S. workers are not available. Before filing a petition with USCIS, you must first obtain a valid temporary labor certification for H-2A workers from the U.S. Department of Labor (DOL). Once certified, you can request H-2A classification for multiple workers by filing a Form I-129, Petition for a Nonimmigrant Worker with USCIS. If we approve your petition, you can hire the foreign workers you petitioned for.

• Newly Hired Employee in H-2A Classification. An H-2A worker’s unexpired Form I-94 indicating H-2A status, along with his or her foreign passport qualifies as a List A document. Enter information from these documents in Section 2 under List A, along with the expiration date found on Form I-94.
• H-2A Continuing Employment with the Same Employer. You may extend your worker’s H-2A status in increments of no longer than one year by timely filing a new Form I-129 petition on behalf of the worker. In most cases, a new temporary labor certification from DOL is required before you can file Form I-129. To avoid disruption of employment, you should file a petition to extend the employee’s status and employment authorization well before it expires. When your H- 2A employee’s work authorization expires, you must update their Form I-9 by writing “240-Day Ext.” and entering the date you submitted Form I-129 to USCIS in the Additional Information box in Section 2. USCIS may extend a single H-2A petition for up to two weeks without an additional approved labor certification under certain circumstances. In this case, write “two-week extension” and enter the date you submitted Form I-129 to USCIS in the Additional Information box in Section 2.

If you timely file a Form I-129 to extend your H-2A employee’s status, they are authorized to continue working for up to 240 days while USCIS processes the petition, or until USCIS makes a decision on your petition, whichever comes first. You must reverify the employee’s employment authorization using Supplement B, Reverification and Rehire once you receive USCIS’s decision, on the H-2A petition or by the end of the 240-day period, whichever comes first.

See Section 7.7, Extensions of Stay for Other Nonimmigrant Categories.

• H-2A Extension with a New Employer. In most cases, an H-2A worker may not begin working for a new employer until USCIS approves the petition requesting a change of employer. However, if you have enrolled in E-Verify, you may employ an H-2A worker beginning on the “Received Date” on the Form I-797 USCIS sends you. The H-2A worker is authorized to work for up to 120 days while USCIS processes the petition, or until USCIS makes a decision on your petition, whichever comes first. You and your newly hired employee must complete Form I-9. The employee’s unexpired Form I-94 indicating his or her H-2A status, along with the employee’s unexpired foreign passport, qualifies as a List A document. You should write “120-Day Ext.” and enter the “Received Date” from Form I-797 in the Additional Information box in Section 2.

If USCIS denies the new petition before the 120-day period expires, USCIS will automatically terminate the H-2A worker’s employment authorization within 15 calendar days of its denial decision. USCIS may also terminate employment authorization if you fail to remain an E-Verify employer in good standing. You must reverify the employee’s employment authorization using Supplement B: Reverification and Rehire either by the end of the 120-day period or once you receive our decision on the H-2A petition, whichever comes first. If USCIS denies your petition, count 15 days from the date of the denial to determine the date the employee’s employment authorization expires.

See Section 7.7, Extensions of Stay for Other Nonimmigrant Categories. For more information about employing H-2A workers, please visit our H-2A webpage.

Nonimmigrants in other categories may receive extensions of stay if their employers timely file Form I-129 (or Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker for CW-nonimmigrants) with USCIS. These employees are authorized to continue working for up to 240 days while USCIS processes their petition, or until USCIS makes a decision on your petition, whichever comes first. You should write “240-day Ext.” and the date you submitted Form I-129 to USCIS in the Additional Information box in Section 2.

Other categories include: CW-1, H-1B, H-1B1, H-2A, H-2B (see below for temporary portability guidance), H-3, L-1, O-1, O-2, P-1, P-2, P-3, R-1, TN, A-3, E-1, E-2, E-3, G-5, and I. Individuals in the E-1 and E-2 categories may be employers or employees. As a reminder, employers are only required to have Forms I-9 for employees.

You may read the Form I-129 Instructions for more information on filing extensions of stay.

Form I-9 Requirements When Requesting Extensions of Stay

Keep the following documents with the employee’s existing Form I-9 to show that you filed for an extension of stay on their behalf:

• A copy of the new Form I-129 or Form I-129CW;
• Proof you paid the filing fee; and
• Proof you mailed the new petition to USCIS.

After submitting the petition to USCIS, USCIS will send you Form I-797C acknowledging that we have received your petition. Once you receive the Form I-797C, you should keep it with the employee’s Form I-9 and you no longer need to keep a copy of the Form I-129 application, proof of payment, and mailing receipt with the Form I-9.

If USCIS approves the petition for an extension of stay, you will receive Form I-797 that includes an expiration date and an attached Form I-94. Enter the document title, number, and expiration date using Supplement B: Reverification and Rehire of Form I-9. You must give your employee the Form I-94, which is evidence of their employment-authorized nonimmigrant status.

Form I-9 Requirements for H-2B Portability

DHS and Department of Labor joint temporary final rules (87 FR 30334 and 87 FR 76816) provide temporary portability flexibility for H-2B workers already in the U.S. to begin work immediately with a new employer after an H-2B petition (supported by a valid temporary labor certification (TLC)) is received by USCIS and before it is approved. This H-2B portability is authorized for beneficiaries of extension of stay petitions received by USCIS on or after January 25, 2023, as well as for beneficiaries of petitions pending as of January 25, 2023. The provisions related to portability are only available to petitioners and H-2B nonimmigrant workers initiating employment through the end of January 24, 2024.

The H-2B worker is authorized to begin employment with you, the new employer, for a period not to exceed 60 days beginning on the Received Date on Form I-797C (Notice of Action) acknowledging receipt of the petition requesting an extension of stay or if the start date occurs after the I-797C Received Date, for a period up to 60 days beginning on the employment start date on the petition.

Note: The H-2B employee's unexpired Form I-94, Arrival/Departure Record, indicating his or her H-2B status, along with the employee's foreign passport, qualify as a Form I-9 List A document.

To complete Section 2, enter under List A:

• The unexpired foreign passport information;
• Unexpired Form I-94 information; and
• In the Additional Information field, "60-Day Ext." and the date you submitted the Form I-129 to USCIS.

If USCIS denies the new petition, or if you withdraw the new petition before the 60-day period expires, USCIS will automatically terminate the H-2B worker's employment authorization 15 calendar days after the denial decision or the date the new petition is withdrawn.

You must reverify the employee's employment authorization by the end of the 60-day period described above or once you receive a decision on the H-2B petition, whichever comes first. If your petition is denied or withdrawn, count 15 days from the date of the denial or withdrawal request for the date the employee's employment authorization expires.

The statuses of T and U nonimmigrants (victims of human trafficking and certain other crimes) are granted for up to four years and may be extended under certain circumstances. Family members of T and U nonimmigrants may also qualify for these statuses. T and U nonimmigrants are either authorized to work incident to their immigration status or are eligible to seek authorization for employment by USCIS, depending on their class of admission. USCIS issues work authorized T and U nonimmigrants Form I-766, Employment Authorization Document (EAD), though not all classes of T and U nonimmigrants must have an EAD before they start working.

When completing Section 1 of Form I-9, employees with T or U nonimmigrant status should check “A noncitizen authorized to work” and enter their EAD “Card Expires” date or their Form I-94, Arrival/ Departure Record “Admit Until” or “Valid Until” date in the Expiration Date field.

For Section 2, employees with T or U nonimmigrant status may choose to present their EAD, which is an acceptable List A document. Employees whose Form I-94 indicates a class of admission of T-1, U-1, U-2, U-3, U-4, or U-5 may instead choose to present their Form I-94 as a List C #7 document and must also present a List B identity document. These employees are employment authorized incident to status. However, Forms I-94 containing an admission of T-2, T-3, T-4, T-5, or T-6 are not acceptable as a List C document. These employees are eligible to apply for work authorization and receive an EAD.

You must reverify the employee’s employment authorization using Supplement B, Reverification and Rehire no later than the date on which the employee’s employment authorization or employment authorization document expires, whichever date comes first. See Section 6.1, Reverifying Employment Authorization for Current Employees for more information.

Extension of Status Based on Pending Form I-485

T and U nonimmigrants may apply for lawful permanent resident status by filing a Form I-485, Application to Register Permanent Residence or Adjust Status, provided they meet the eligibility requirements. Once the Form I-485 application is properly filed, USCIS will issue a Form I-797C, Notice of Action, for the adjustment of status application and extension of current T or U nonimmigrant status.

If the Form I-485 is timely filed, this notice, when presented in combination with a T-1, U-1, U-2, U-3, U-4, or U-5 nonimmigrant employee’s Form I-94 admission record, is an acceptable List C #7 document to show employment authorization. For T-1 nonimmigrants, this document combination shows employment authorization for two years from the “Admit Until” or “Valid Until” date on the Form I-94 admission record (unless the Form I-485 application is denied or withdrawn, whichever is earlier). For a U-1, U-2, U-3, U-4, or U-5 nonimmigrant, this document combination shows employment authorization for one year from the “Admit Until” or “Valid Until” date on the Form I-94 admission record (unless the Form I-485 application is denied or withdrawn, whichever is earlier). To determine if the I-485 was timely filed, the “Received Date” on the Form I-797C should be on or before the Form I-94 “Admit Until” or “Valid Until” date. Note that the Form I-797C and Form I-94 document combination does not apply to T-2, T-3, T-4, T-5, and T-6 nonimmigrants. Instead, they may seek employment authorization through the Form I-765 application process.

In Section 1, employees who are T-1, U-1, U-2, U-3, U-4, or U-5 nonimmigrants should:

• Select “A noncitizen authorized to work until;” and
• Enter the extended Form I-94 “Admit Until” or “Valid Until” date as the expiration date.

The employee may choose to present an EAD as a List A document, or the combination of a List B and List C document, to demonstrate identity and employment eligibility. If the employee presents List B and C documents such as a driver’s license for List B and a Form I-797C for List C in combination with the Form I-94 admission record, as described above, you should do the following to complete Section 2:

• Enter the employee’s List B document information;
• Under List C, enter “Employment auth. document (DHS)” as the document title;
• Enter the receipt number from the Form I-797C as the document number;
• Enter the extended Form I-94 “Admit Until” or “Valid Until” date in the Expiration Date field; and
• Enter “Pending I-485” in the Additional Information field.

If a current employee’s Form I-9, Section 2 was completed with Form I-94 as a List C document, you may update Section 2. Enter “Pending I-485” and the extended Form I-94 “Admit Until” or “Valid Until” date in the Additional Information field. You must reverify the employee’s employment authorization by the date you entered in the “Additional Information” field.

If the employee presents, in combination, a Form I-797C and Form I-94 to complete Supplement B, Reverification and Rehire, you should:

• Enter “Employment auth. Document (DHS)” as the document title;
• Provide the receipt number from the Form I-797C as the document number; and
• Enter the extended Form I-94 “Admit Until” or “Valid Until” date in the Expiration Date field.
• Enter “Pending I-485” in the Additional Information field.

Extension of Status Based on Law Enforcement or Exceptional Circumstances

T or U nonimmigrants may request an extension of status based on law enforcement need or exceptional circumstances by properly filing Form I-539, Application to Extend/Change Nonimmigrant Status. The Form I-797C, Notice of Action, received after filing a Form I-539 is not an acceptable document for Form I-9 purposes.

However, such individuals may file a Form I-765 application to request EAD renewal when they file a Form I-539 application, as described above.

This subsection includes guidance on the evidence of employment authorization that other temporary workers with E and L nonimmigrant status can present when completing Form I-9.

Members of Employer Associations

Special rules apply to employers who are members of an association of two or more employers that have entered into a collective bargaining agreement with one or more employee organizations. In this case, you will comply with the employment eligibility verification requirements for your employee if:

• The employee is a member of a collective bargaining unit and is employed under a collective bargaining agreement as described above; and
• Another employer that is a member of the same employer association (or an agent of the employer association) has previously complied with the employment eligibility verification requirements for this individual within three years (or, if less, the period of time the individual is authorized to be employed in the United States).

Penalties for knowingly employing noncitizens who are unauthorized to work in the United States still apply.

State Employment Agencies

A state employment agency, also known as state workforce agency, is defined in 8 CFR 274a.1 as any state government unit designated to cooperate with the U.S. Employment Service in the operation of the public employment service system.

State employment agencies have the option to complete Form I-9 for individuals they refer for employment. Agencies that do so must issue an employment eligibility certificate to you, as the employer, so it is received within 21 business days of the date the referred individual is hired. The referred individual cannot present the certificate.

Form I-9

To complete Form I-9, the agency should follow the guidance in this handbook, except that the agency should leave the employee’s first day of employment blank in Section 2 and must not accept receipts in place of documents.

The agency is not required to complete Form I-9 and issue a certificate to you for a referred individual who is hired for three days or less. If the agency chooses to complete Form I-9 for these individuals, they must be consistent and complete Form I-9 for all individuals hired for three days or less. The agency should notify you of their policy under these circumstances. If the agency chooses not to verify employment eligibility or issue certifications, they should tell you that you must complete Form I-9 for these individuals. This notification may be included in the job order or referral form you receive from the agency.

Referral

After the agency and the referred individual complete Form I-9, the agency should provide you with a job order or other appropriate referral on behalf of the referred individual. The job order serves as evidence that the agency completed Form I-9 for the referred individual. The agency may provide you the job order telephonically.

Job order or other referrals, including telephonic authorizations provide the:

• Name of referred individual;
• Referral date;
• Job order number or other identifying number;
• Agency official’s name and title; and
• Agency’s address and telephone number

Certification Standards

Agencies must issue a certificate on official agency letterhead and a designated official must sign it. Certificates must include the following information:

• Date of issuance;
• Employer’s name and address;
• Referred individual’s name and date of birth;
• Position or type of employment for referred individual;
• Job order number;
• Form I-9 Section 2 document(s), including title and number;
• Certification that the agency complied with 8 CFR 274(a)(1)(B) for verifying the referred individual’s identity and employment eligibility, and determining to the best of the agency’s knowledge that the individual is authorized to work in the United States;
• Any restrictions, conditions, expiration dates, or other limitations that relate to the individual’s employment authorization or a statement affirming that there are no restrictions;
• A statement that the employer is not required to verify the individual’s identity or employment eligibility, but that you must retain the certification in place of Form I-9;
• A space or line for the referred individual, under penalty of perjury, to sign his or her name in front of the employer when the employer receives the certification; and
• A statement that counterfeiting, falsification, unauthorized issuance or alteration of the certification constitutes a violation of federal law under Title 18, U.S.C. 1546.

If a previously referred and certified individual returns within three years of completing Form I-9, the agency should review the employee’s Form I-9. If the individual is still employment authorized, the agency does not need to complete a new Form I-9 before issuing a new certificate. A new certificate is not required when an individual is referred and rehired by the same employer. The agency must reverify the individual’s employment authorization using Supplement B, Reverification and Rehire if it is expired before issuing a new certificate. See Section 6.1, Reverifying Employment Authorization for Current Employees, for more information.

Document Retention

The agency must have a Form I-9 and certificate copy for each referral on an employer’s payroll.

The state employment agency must retain Form I-9 and the certificate for three years from the date that the individual was last referred by the agency and hired by the employer. A copy of the certificate must be retained by the employer for three years after the referred individual is hired or one year after the individual stops working for the employer, whichever is later.

Employers of Individual Referred by a State Employment Agency

If an agency refers a potential employee to you with a job order, other appropriate referral form or telephonically authorized referral, and the agency sends you a certificate within 21 business days of the referral, you do not have to check documents or complete a Form I-9 if you hire that person.

Certification

After hiring a referred individual and upon receiving the certificate issued by the state employment agency, you must:

• Review the identifying information to ensure it relates to the person hired;
• Observe the individual sign the certificate at the time you receive it;
• Comply with reverification requirements by:
  • Updating the certificate upon expiration of the employment authorization date if required; or
  • No longer employing the individual upon expiration of their employment authorization date on the certificate.

See Section 6.1, Reverifying Employment Authorization for Current Employees, for reverification information. As a reminder, reverification will take place on your employee’s certificate and not in Supplement B of Form I-9.

Your state’s agency is not required to complete Form I-9 or issue certificates for your employees who are hired for three days or less. If this is your state agency’s policy, you are required to complete Form I-9 for these employees.

Rehire/Reverification

You do not need to reverify an employee if you:

• Rehire the employee within three years of the issue date of their initial certificate; and
• Determine that the certificate pertains to the employee and they remain employment authorized.

If you review the certificate and determine the employee does not appear to be employment authorized, reverify the employee by updating the certificate. This means the employee must present additional documents to show they are employment authorized. See Section 13.1, List A Documents That Establish Identity and Employment Authorization, or Section 13.3, List C Documents that Establish Employment Authorization, for acceptable documents for reverification.

Do not reverify the following documents after they expire:

• U.S. passports;
• U.S. passport cards;
• Form I-551, Alien Registration/Permanent Resident Cards; and
• List B documents.  

If you do not timely reverify an employee’s employment authorization and continue to employ the individual after their employment authorization has expired, you may have violated INA 274A(a)(2) and could be subject to penalties as provided in Section 11.0, Unlawful Discrimination and Penalties for Prohibited Practices.

Document Retention

You should document any telephonic authorized job referral as evidence of the job order. Retain job referrals where you retain your Forms I-9.

You must have a certificate for each referred individual who is on your payroll and retain it for a certain amount of time after they stop working for you. Retention of certificates for a rehired referred individual are calculated from the last date of hire. To calculate how long to keep a certificate:

• If the referred individual worked for less than two years, retain the certificate for three years after the date of hire.
• If the referred individual worked for more than two years, retain their certificate for one year after the date they stop working for you.

Create Your Own Form I-9

USCIS offers a Form I-9 that can be completed on a computer but does not have full electronic capabilities. You may create your own electronic Form I-9 if you:

• Provide employees instructions for completing the form;
• Create a legible form;
• Do not make changes to the name, content, or sequence of the data elements and instructions we provide on our website;
• Do not insert additional data elements or language; and
• Retain generated forms according to the standards specified in 8 CFR 274a.2(e), (f), (g), (h) and (i), as applicable.

You may also use any commercial computer program or automated data processing system that complies with these standards. Ensure that the program or system does not restrict access or use by a U.S. government agency.

Using an Electronic Storage System for Form I-9

You may retain Form I-9 using either a paper or electronic system, or a combination of both. If you complete a paper Form I-9, you may scan and upload the original signed form, correction or update, and retain it electronically. You may destroy the original paper form after you have securely stored it in an electronic format. Any electronic system you use to generate Form I-9 or retain completed Forms I-9 must include:

• Reasonable controls to ensure the system’s integrity, accuracy, and reliability;
• Reasonable controls designed to prevent and detect the unauthorized or accidental creation of, addition to, alteration of, deletion of, or deterioration of an electronically completed or stored Form I-9, including the electronic signature, if used;
• An inspection and quality assurance program that regularly evaluates the system and includes periodic checks of electronically stored Form I-9, including the electronic signature, if used;
• An indexing system that allows users to identify and retrieve records maintained in the system; and
• The ability to reproduce legible and readable paper copies.

If you choose to complete or retain Form I-9 electronically, you may use one or more electronic generation or storage systems, as long as any Form I-9 retained in the system remains fully accessible and meets the regulations. You may change systems as long as each electronic system used meets regulatory performance requirements. For each electronic system used, you must maintain and make available upon request complete descriptions of:

• The system, including all procedures relating to its use; and
• The indexing system that identifies and retrieves relevant documents and records. You do not need to maintain separate indexing databases for each system if you can achieve comparable results without doing so.

Documenting Your Form I-9 Business Processes

If you choose to complete or retain Form I-9 electronically, you must maintain (and make available upon request) documentation of the business processes that:

• Create, or generate, the retained Form I-9;
• Modify and maintain the retained Form I-9; and
• Establish the authenticity and integrity of the forms, such as audit trails.

Electronically Signing Form I-9

If you complete Form I-9 electronically using an electronic signature, your system for capturing electronic signatures must:

• Allow individuals to acknowledge that they read the attestation;
• Attach the electronic signature to an electronically completed Form I-9;
• Affix the electronic signature at the time of the transaction;
• Create and preserve a record verifying the identity of the person producing the signature;
• Upon the employee’s request, provide a printed confirmation of the transaction; and
• Include a method to acknowledge you have attested to the required information in Section 2.

If you choose to use an electronic signature to complete Form I-9 but do not comply with these standards, DHS may determine that you have not properly completed Form I-9 and are in violation of section 274A(a)(1)(B) of the INA (8 CFR Part 274a.2(b)(2)).

Retaining Electronic Form I-9 Securely

If you retain Form I-9 electronically, you must implement an effective records security program that ensures:

• Only authorized personnel have access to electronic records;
• You have a backup plan to recover records to protect against information loss;
• Authorized personnel are trained to minimize the risk of wrongfully or accidentally altering or erasing electronic records; and
• The system creates a secure and permanent record when an individual creates, completes, updates, modifies, alters, or corrects an electronic file. This record should include the date of access, the identity of the individual who accessed the electronic record, and the particular action(s) they took.

If your action or inaction results in an electronic record being altered, lost, or erased, and you knew, or reasonably should have known, that the action or inaction could have that effect, you may be found in violation of section 274A(b)(3) of the INA (8 CFR 274a.2(g)(2)).

If you choose to copy or scan documents an employee presents when completing Form I-9, you must retain the copies (or electronic images) with their Form I-9 or their employee record.

Making copies of an employee’s documents does not take the place of completing Form I-9. Even if you retain copies of documents, you are still required to fully complete and retain Form I-9. If you choose to retain copies of an employee’s documents for reasons unrelated to E-Verify requirements, you must do so for all employees, regardless of actual or perceived national origin, citizenship, or immigration status, or you may violate anti-discrimination laws.

Copies or electronic images of documents must be retrievable consistent with DHS’s standards on electronic retention, documentation, security, and electronic signatures for employers and employees, as specified in 8 CFR 274a.2(b)(3).

If you make copies or electronic images of the employee’s documents, you must retain them with the corresponding Form I-9 or with the employee’s records according to the electronic records retention standards specified in 8 CFR 274a.2(b)(3). However, if you make copies or electronic images of the employee’s documents, you must make them available at the time of a Form I-9 inspection by DHS, DOJ or DOL.

If you are an E-Verify participant and choose to use an alternative procedure to remotely examine your employee’s Form I-9 documentation, you must retain clear and eligible copies of all documents you examine with the employee’s Form I-9. For more information, see Section 4.1, Retaining Copies of Documents Your Employee Presents.

The INA specifically authorizes DHS, IER, and DOL officers to inspect Forms I-9, including any copies of employees’ documents retained with the corresponding Form I-9. Officers will give you a minimum of three business days’ notice before starting an inspection. You must make Forms I-9 available upon request at the location where DHS, IER, or DOL officers request to see them. You may also send Forms I-9 and supporting documents to the agency in electronic format or hard copy, if requested.

If you store Form I-9 records at an off-site location, tell the inspecting officer where the location is and make arrangements for the inspection. The inspecting officers may perform an inspection at an office of an authorized agency of the United States if previous arrangements are made. Recruiters or referrers for a fee who designate an employer to complete employment verification procedures may present copies or printed electronic images of Forms I-9 at an inspection.  If you refuse or delay an inspection, you may be found to have failed to comply with the statutory and/or regulatory requirements above.

During an inspection, you must:

• Retrieve and present only the Forms I-9 and supporting documents the inspecting officer specifically requests. Supporting documents include copies of Form I-9 documents stored with Forms I-9 and associated audit trails that show the actions performed within or on the system during a given period of time.
• Provide the inspecting officer the appropriate hardware, software, personnel, and documents necessary to locate, retrieve, read, and reproduce any electronically stored Form I-9, any supporting documents, and their associated audit trails, reports, and other data used to maintain the authenticity, integrity, and reliability of the records.
• If requested, give the inspecting officer any reasonably available or obtainable electronic summary files (such as spreadsheets) containing all of the information fields on any electronically stored Form I-9.

If you are an E-Verify employer and you receive a request for inspection, you should provide Forms I-9 that contain E-Verify case verification numbers. If you did not include the E-Verify case numbers on Form I-9, provide the E-Verify Case Detail Pages during the inspection.

Discriminating in the Form I-9 and E-Verify verification processes can violate federal law. This section describes prohibited discrimination and how to prevent it while verifying an individual’s employment eligibility.

Unfair Documentary Practices

The INA prohibits you from committing unfair documentary practices, which means discriminating when you verify someone’s identity and employment authorization (generally, the Form I-9 and E-Verify processes). Unfair documentary practices generally occur when employers treat individuals differently on the basis of national origin, citizenship or immigration status in the Form I-9 or E-Verify process, or any other process an employer may use to verify employment eligibility. This can be broadly categorized into three types of unlawful conduct:

• Requesting that someone produce more or different documents than are required by Form I-9 to establish their identity and employment authorization;
• Requesting that someone present a particular document, such as a Form I-551, Permanent Resident Card, to establish identity and/or employment authorization; and
• Rejecting documents that reasonably appear to be genuine and to relate to the person presenting them.

These practices may constitute unfair documentary practices if they are committed based on citizenship, immigration status, or national origin.

Citizenship Status Discrimination

Citizenship or immigration status discrimination occurs when an employer treats someone differently when hiring, firing, or recruiting because of the person’ real or perceived citizenship or immigration status. The INA prohibits this type of discrimination if the employer has four or more employees. Asylees, refugees, recent lawful permanent residents, U.S. citizens and U.S. nationals are protected from this type of discrimination.

Note: There are limited situations where an employer can take an individual’s citizenship or immigration status into account, such as when a law, executive order, regulation, or government contract requires employers to limit a position to a particular citizenship status. This is rare and doesn’t apply to the vast majority of jobs.

National Origin Discrimination

National origin discrimination generally occurs when an employer treats someone differently when hiring, firing, or recruiting because of the person’s national origin. A person’s national origin can relate to many things, such as place of birth, country of origin, ethnicity, ancestry, native language, accent, or the perception that they look or sound “foreign.” The INA’s national origin discrimination prohibition, enforced by IER, generally covers employers with 4 to 14 employees and protects all employment-authorized individuals. The EEOC generally has jurisdiction over national origin claims involving employers with 15 or more employees, regardless of the work authorization status of the discrimination victims. The EEOC also covers discrimination in other aspects of employment, including terms or conditions.

Retaliation

An employer or other covered entity cannot intimidate, threaten, coerce, or otherwise retaliate against a person because that person has engaged in protected activity, such as when someone:

• Files a charge (a formal complaint) with IER;
• Participates in an IER investigation or lawsuit;
• Opposes action that may be discrimination under the INA; or
• Asserts another person’s rights under the INA’s anti-discrimination provisions.

You can find more information on how to avoid discrimination at www.justice.gov/IER.

Title VII covers all private employers, state and local governments, and education institutions that employ 15 or more employees for 20 or more weeks in the preceding or current calendar year and prohibits unlawful discrimination in all aspects of employment, including but not limited to hiring and firing as well as Form I-9 and E-Verify processes.

You should treat people equally when verifying employment authorization and identity.

For example:

• Don’t have different rules or requirements because of someone’s national origin, citizenship, or immigration status. You must allow each person to choose which documents to present from the Lists of Acceptable Documents. For example, you cannot request that non-U.S. citizens present DHS-issued documents. Both U.S. citizens and non-U.S. citizens may present a driver’s license (List B) and an unrestricted Social Security card (List C) to establish identity and employment authorization if they wish. However, you must reject documents that do not reasonably appear to be genuine or to relate to the person presenting them, regardless of their citizenship status or national origin.
• Don’t request to see employment eligibility verification documents before hiring an employee or having them complete Form I-9 before hire because they look or sound “foreign,” or because they state they’re not a U.S. citizen.
• Don’t refuse to accept a document or refuse to hire someone because their document has a future expiration date.
• Don’t request specific documents from someone to create an E-Verify case or because of an E-Verify Tentative Nonconfirmation (mismatch).
• Don’t request that someone create a Self Check case and/or provide proof that they confirmed employment eligibility with Self Check.
• Don’t request that someone who presented an unexpired Permanent Resident Card present a new document when the Permanent Resident Card expires.
• Don’t request specific documents for reverification. For example, you should allow an employee who presented an unexpired Form I-766, Employment Authorization Document, during initial verification to present any document from either List A or C during reverification.
• Don’t limit jobs to U.S. citizens or other statuses unless U.S. citizenship is required for the specific position by law; regulation; executive order; or federal, state, or local government contract.

If you do any of the actions above based on a worker’s citizenship, immigration status, or national origin, then your actions may violate federal discrimination laws.

Immigrant and Employee Rights Section (IER)

An individual, or a person acting on behalf of an individual may file a discrimination charge with IER within 180 days of the alleged discriminatory act.

If someone files a charge against you as an employer, IER will send a letter within 10 days to notify you about the charge and will start its investigation. If you refuse to cooperate with the investigation, IER can obtain a subpoena to compel you to produce the requested information and documents or to appear for an investigative interview or deposition.

U.S. Equal Employment Opportunity Commission (EEOC)

An applicant, employee, or former employee, or any individual, organization, or agency filing on behalf of such individual, who believes that unlawful employment discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or over), disability, genetic information, or retaliation has occurred may file a charge with the EEOC. In general, a charge must be filed with the EEOC within 180 calendar days from the date of the alleged discrimination. For race, color, national origin, religion, sex, disability, or genetic information charges, this 180-day filing deadline is extended to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. For age discrimination charges, the 180-day filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law.

The EEOC will notify you, as the employer, within 10 days that someone has filed a charge. A charge does not constitute a finding that you engaged in unlawful discrimination. The EEOC has authority to investigate whether there is reasonable cause to believe unlawful discrimination occurred.

If an investigation reveals that you engaged in unfair immigration-related employment practices under the INA, IER may file a lawsuit. The charging party may also file a lawsuit. Settlements or lawsuits may result in one or more corrective steps, including:

• Receiving a cease and desist order from the court;
• Hiring or reinstating, with or without back pay, the person or people directly affected by the discrimination;
• Paying civil penalties;
• Changing unlawful rules or practices to prevent future discrimination;
• Posting notices to employees about their rights and about your obligations; or
• Educating all personnel involved in the recruiting, hiring, and onboarding processes, about the proper procedures for verifying an individual’s employment eligibility and complying with anti-discrimination laws.

The court may award attorneys’ fees to prevailing parties other than the United States under certain circumstances.

Under Title VII, compensatory damages may be awarded in cases involving intentional unlawful discrimination. Compensatory damages pay victims for out-of-pocket expenses caused by the discrimination (such as costs associated with a job search or medical expenses) and compensate them for any emotional harm suffered (such as mental anguish, inconvenience, or loss of enjoyment of life). Punitive damages, attorneys’ fees, expert witness fees, and court costs may also be available.

For more information about discrimination based on national origin, citizenship, or immigration status, contact IER’s employer hotline at 800-255-8155 (TTY for the deaf or hard of hearing: 800-237-2515) open Monday through Friday, 9 a.m. to 5 p.m. Eastern Time; or visit its website at justice.gov/ier.

For more information on Title VII and EEOC policies and procedures, call 800-669-4000, 800-669-6820 (TTY), or 844-234-5122 (ASL Video Phone), email info@eeoc.gov, or visit EEOC’s website at eeoc.gov.

Unlawful Employment Civil Penalties

DHS considers you to have knowingly hired an unauthorized noncitizen if, after Nov. 6, 1986, you enter into, renegotiate, or extend a contract or subcontract to obtain the labor of a noncitizen you know is not authorized to work in the United States.

DHS or an administrative law judge may impose penalties if an investigation reveals that you knowingly hired or knowingly continued to employ an unauthorized noncitizen, or failed to comply with the employment eligibility verification requirements with respect to employees hired after Nov. 6, 1986.

DHS will issue a Notice of Intent to Fine (NIF) when it intends to impose penalties. If you receive an NIF, you may request a hearing before an administrative law judge. If DHS does not receive your hearing request within 30 days, DHS will impose the penalty and issue a Final Order, which cannot be appealed.

Hiring or Continuing to Employ Unauthorized Noncitizens

If DHS or an administrative law judge determines that you have knowingly hired unauthorized noncitizens (or are continuing to employ noncitizens knowing they are or have become unauthorized to work in the United States), they may order you to cease and desist from such activity and pay a civil money penalty for each offense.

Failing to Comply With Form I-9 Requirements

If you fail to properly complete, retain, and/or make Forms I-9 available for inspection as required by law, you may face civil money penalties for each violation. In determining the amount of the penalty, DHS considers:

• The size of your business;
• Your good faith;
• The seriousness of the violation;
• Whether the individual was an unauthorized noncitizen; and
• The history of your previous violations, if any.

Requiring Indemnification

If an administrative law judge finds that you required an employee to pay a bond or indemnity in the event you are held liable for violating employer sanctions laws, the judge may order you to pay a civil money penalty for each bond or indemnity you required, as well as return the bond or indemnity, either to the person who you required to pay it, or, if that person cannot be located, to the U.S. Treasury.

Penalties for Repeated Violations

If the attorney general has reasonable cause to believe you engaged in a pattern or practice of employment, recruitment, or referral that violates INA section 274A (a)(1)(A) or (2) (which can be found at 8 U.S.C. 1324a (a)(1)(A) or (2)), they may bring civil action in the appropriate U.S. District Court requesting relief, including a permanent or temporary injunction, restraining order, or other order against you or your business. A pattern or practice is engaging in regular, repeated, and intentional activities, but does not include isolated, sporadic, or accidental acts. 

Good Faith Defense

If you can show that you have, in good faith, complied with Form I-9 requirements, then you may have established a “good faith” defense with respect to a charge of knowingly hiring an unauthorized noncitizen, unless the government can show that you had actual knowledge that the employee was not authorized to work.

A good faith attempt to comply with the paperwork requirements of INA section 274A(b) may be adequate, notwithstanding a technical or procedural failure to comply, unless you fail to correct a violation within 10 days of DHS notifying you.

Unlawful Employment Criminal Penalties

Engaging in a Pattern or Practice of Knowingly Hiring or Continuing to Employ Unauthorized Noncitizens

If you or your business are convicted of having engaged in a pattern or practice of knowingly hiring unauthorized noncitizens (or continuing to employ noncitizens knowing they are or have become unauthorized to work in the United States) after Nov. 6, 1986, you may face fines and/or six months imprisonment.

Engaging in Fraud or False Statements, or Otherwise Misusing Visas, Immigration Permits, and Identity Documents

You may be fined and/or imprisoned for up to five years if you:

• Make a false statement or attestation to satisfy the employment eligibility verification requirements;  
• Use fraudulent identification or employment authorization documents; or
• Use documents that were lawfully issued to another person.

Other federal criminal statutes may provide higher penalties in certain fraud cases.

Civil Document Fraud

If a DHS investigation reveals that you have knowingly committed or participated in acts relating to document fraud, DHS may take action. DHS will issue an NIF when it intends to impose penalties. If you receive an NIF, you may request a hearing before an administrative law judge. If DHS does not receive a request for a hearing within 30 days, it will impose the penalty and issue a Final Order, which is final and cannot be appealed.

If DHS or an administrative law judge finds that you have violated INA section 274C, they may order you to cease and desist from such behavior and to pay a civil money penalty.

The illustrations do not reflect the actual size of the documents.

1. U.S. Passport or U.S. Passport Card

The U.S. Department of State issues the U.S. passport to U.S. citizens and noncitizen nationals. A small number of versions still in circulation may differ from the main versions shown here.

Current U.S. passport cover and interior

U.S. Passport Card

The U.S. Department of State began issuing the passport card in July 2008. The passport card is a wallet-size card that can only be used for land and sea travel between the United States and Canada, Mexico, the Caribbean, and Bermuda.

Passport card front and back

2. Permanent Resident Card or Alien Registration Receipt Card (Form I-551)

To reduce the risk of fraud and counterfeiting, USCIS redesigns the Permanent Resident Card (PRC) every three to five years. Introduction of new card designs does not mean that cards with previous designs are invalid. Both current and previous cards remain valid until the expiration date shown on the card (unless otherwise noted, such as through an automatic extension of the validity period of a PRC as indicated on a Form I-797, Notice of Action, or in a Federal Register notice). These cards are also known as “Green Cards.”

Current Form I-551, front and back

USCIS began issuing this version of the Permanent Resident Card on January 30, 2023. Some cards issued after that date may still display the previous design because USCIS uses existing card stock until supplies are depleted. This version contains the bearer’s photo on the front and back, name, USCIS number/A-Number, date of birth, and card expiration date, along with updated artwork of the Statue of Liberty, holographic images on the front and back of the card, a new layer-reveal feature with a partial window on the back photo box, and data fields displayed in different places than on previous versions.

Previous Form I-551, front and back

Starting on May 1, 2017, USCIS issued this version of Form I-551, which contains the bearer’s photo on the front and back, name, USCIS number/A-Number, date of birth, laser-engraved fingerprint, and card expiration date. This card does not have a signature or a black stripe on the back.

Older Form I-551, front and back

USCIS began issuing this version of Form I-551 in May 2010. This redesign changed the card color to green. The card contains the bearer’s photo, name, USCIS number/A-Number, date of birth, laser-engraved fingerprint, and card expiration date. The USCIS/A-Number is also located on the back of the card.

These cards may or may not contain a signature. A signature is not required for the card to be acceptable for Form I-9 purposes.

Older Form I-551, front and back

Another older version of the Form I-551 shows the DHS seal and contains a detailed hologram on the front of the card. Each card is personalized with an etching showing the bearer’s photo, name, fingerprint, date of birth, A-Number, and the card expiration date.

Some employees may also have older Resident Alien cards, issued by the U.S. Department of Justice, Immigration and Naturalization Service, which do not have expiration dates and are valid indefinitely. These cards are peach in color and contain the bearer’s fingerprint and photograph.

3. Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa

USCIS uses either an I-551 (ADIT) stamp or a temporary I-551 printed notation on a machine-readable immigrant visa (MRIV) to indicate temporary evidence of lawful permanent residence. Sometimes, if no foreign passport is available, USCIS will place the I-551 stamp on a Form I-94 and affix a photograph of the bearer to the form. This document is considered a receipt.

Unexpired Foreign Passport with I-551 Stamp 

The temporary Form I-551 MRIV is evidence of permanent resident status for one year from the date of admission.

Temporary I-551 printed notation on a machine-readable immigrant visa (MRIV)

4. Employment Authorization Document that contains a photograph (Form I-766)

USCIS began issuing this design of the Employment Authorization Document (EAD) on January 30, 2023. Some cards issued after that date may still display the previous design because USCIS uses existing card stock until supplies are depleted. Both the current and previous EADs will remain valid until the expiration date shown on the card (unless otherwise noted, such as through an automatic extension of the validity period of the EAD as indicated on a Form I-797, Notice of Action, or in a Federal Register notice).

This version contains the bearer’s photo on the front and back, name, USCIS number, date of birth, and card expiration date along with updated artwork of the Statue of Liberty, holographic images on the front and back of the cards, a new layer-reveal feature with a partial window on the back photo box; and data fields displayed in different places than on previous versions.

Cards may contain one of the following notations below the expiration date:

• “Not Valid for Reentry to U.S.;”
• “Valid for Reentry to U.S.;” or
• “Serves as I-512 Parole.”

Current EAD, front and back

Previous EAD, front and back

5. Foreign passport with Form I-94 or Form I-94A with Arrival-Departure Record, and containing an endorsement to work

CBP and USCIS issue Form I-94, Arrival/Departure Record, to nonimmigrants. This document indicates the bearer’s class of admission, date of entry, and date their immigration status expires. Generally, employees download it from cbp.gov. If an employee presents a paper Form I-94, it may show a stamped or handwritten date. They may present Form I-94 with documents that Form I-9 specifies are valid as a combination of documents, such as Form I-94 presented with a foreign passport, and Form DS-2019 or Form I-20.

Electronic Form I-94

Form I-94, Arrival/Departure Record

Form I-20 accompanied by Form I-94

For curricular practical training, F-1 nonimmigrant students with a Form I-94, Arrival/Departure Record, must also have Form I-20, Certificate of Eligibility for Nonimmigrant Students, endorsed with employment authorization by the designated school official. USCIS issues an EAD to all F-1 students who are authorized for optional practical training (OPT) and M-1 students authorized for practical training. See Section 7.4.2, F-1 and M-1 Nonimmigrant Students, for more information on Form I-20.

See Form I-94 above.

Form DS-2019 accompanied by Form I-94

J-1 nonimmigrant exchange visitors must have a Form I-94, Arrival/Departure Record, accompanied by an unexpired Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, issued by the U.S. Department of State, that specifies the sponsor. J-1 exchange students also need a letter from their responsible officer authorizing their employment. See Section 7.4.1, Exchange Visitors (J-1), for more information on DS-2019.

See Form I-94 above.

6. Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI

In 2003, Compacts of Free Association (CFA) between the United States and the Federated States of Micronesia (FSM) and Republic of the Marshall Islands (RMI) were amended to allow citizens of these countries to work in the United States without obtaining an EAD.

For Form I-9 purposes, citizens of these countries may present FSM or RMI passports accompanied by a Form I-94 indicating nonimmigrant admission under the CFA, which are acceptable documents under List A. The exact notation on Form I-94 may vary and is subject to change. The notation on Form I-94 typically states “CFA/FSM” for an FSM citizen and “CFA/MIS” for an RMI citizen.

Passport of the Federated States of Micronesia and the Republic of the Marshall Islands

Acceptable Receipts 

• Receipt for a replacement of a lost, stolen, or damaged List A document.
• Form I-94 issued to a lawful permanent resident that contains an I-551 stamp and a photograph of the individual. 
• Form I-94 with “RE” notation or refugee stamp issued to a refugee.

May be presented in lieu of a document listed above for a temporary period. For receipt validity dates, see the  M-274, Section 4.4 Acceptable Receipts.

The illustrations do not reflect the actual size of the documents.

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

A driver’s license can be issued by any state or territory of the United States (including the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) or by a Canadian government authority. You may accept a driver's license if it contains a photograph or, if it does not contain a photograph, it includes identifying information such as name, date of birth, gender, height, eye color, and address.

Some states may place restrictive notations on their licenses. For Form I-9 purposes, you may accept these licenses.

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

An ID card can be issued by any state (including the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) or local government. You may accept an ID card if it contains a photograph or, if it does not contain a photograph, it includes identifying information, such as name, date of birth, gender, height, eye color, and address.

Some states may place restrictive notations on their ID cards. For Form I-9 purposes, you may accept these cards.

3. School ID card with a photograph

Example image not available.

4. Voter's registration card

Example image not available.

5. U.S. Military card or draft record

ID card issued to active-duty U.S. military personnel, selected reserve, Department of Defense civilian employees and eligible contractor personnel.

6. Military dependent's ID card

ID Card for U.S. military family members and U.S. military retirees.

7. U.S. Coast Guard Merchant Mariner Card

Example image not available.

8. Native American tribal document

Example image not available.

9. Driver's license issued by a Canadian government authority

Example image not available.

For persons under age 18 who are unable to present a document listed above: 

Example images not available.

10. School record or report card

11. Clinic, doctor, or hospital record

12. Day-care or nursery school record

Acceptable Receipts 

Receipt for a replacement of a lost, stolen, or damaged List B document may be presented in lieu of a document listed above for a temporary period.

For receipt validity dates, see the M-274, Section 4.4 Acceptable Receipts.

The illustrations do not reflect the actual size of the documents.

1. U.S. Social Security Card

U.S. Social Security account number card that is unrestricted. A laminated card is acceptable. A card that includes any of the following restrictive wording is not an acceptable List C document:

1. NOT VALID FOR EMPLOYMENT
2. VALID FOR WORK ONLY WITH INS AUTHORIZATION
3. VALID FOR WORK ONLY WITH DHS AUTHORIZATION

2. Certification of report of birth issued by the Department of State (Forms DS-1350, FS-545, FS-240)

These documents may vary in color and paper used. All will include a raised seal of the office that issued the document, and may contain a watermark and raised printing.

F-545, Certification of Birth Abroad, issued by the U.S. Department of State

DS-1350, Certification of Report of Birth, issued by the U.S. Department of State

FS-240, Consular Report of Birth Abroad, issued by the U.S. Department of State

3. Original or certified copy of birth certificate issued by a State, county, municipal authority, or territory of the United States bearing an official seal

You may only accept an original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying possession of the United States that bears an official seal. Versions will vary by state and year of birth.

You may only accept a Puerto Rico birth certificate issued on or after July 1, 2010.

Birth Certificate

 

4. Native American tribal document

Example images not available.

5. U.S. Citizen ID Card (Form I-197)

6. Identification Card for Use of Resident Citizen in the United States (Form I-179)

INS issued Forms I-179 to U.S. citizens who are residents of the United States. This card does not contain an expiration date, and is valid indefinitely.

Form I-179, Identification Card for Use of Resident Citizen in the United States

 

7. Employment authorization document issued by the Department of Homeland Security (DHS)

Some employment authorization documents issued by DHS include but are not limited to:

• Form I-94 Arrival/Departure Record issued to asylees or work-authorized nonimmigrants (for example, H-1B nonimmigrants) because of their immigration status,

• Form I-571, Refugee Travel Document (PDF),

• An unexpired Form I-327, Reentry Permit,

• Form N-560, Certificate of U.S. Citizenship or Form N-561, Replacement Certificate of Citizenship (PDF, 40.3 KB), or

• Form N-550, Certificate of Naturalization or Form N-570, Replacement Certificate of Naturalization (PDF, 176.3 KB).

A Form I-797 issued to a conditional resident may be an acceptable List C document in combination with an expired Form I-551.

The Form I-9 contact center can assist with questions on DHS-issued documents.

Acceptable Receipts 

Receipt for a replacement of a lost, stolen, or damaged List C document may be presented in lieu of a document listed above for a temporary period. 

For receipt validity dates, see the  M-274, Section 4.4 Acceptable Receipts.