I - 9 compliance is the method used by the United States Government to verify that all persons employed in the United States are eligible for employment The employer is required to keep a file on each employee - not just non citizen employees. The employees file must contain a complete I-9 form as well as documents that first establish the employees identity and second establish that the employee is eligible for employment. The USCIS lists certain documents that meet the burden of establishing identity and employment eligibility. There are three categories of documents as set forth below:
1. U.S. Passport (unexpired or expired)
List A Documents: These documents establish both identity and employment eligibility. The applicant may show any one of these documents to complete the I-9 Form:
2. Certificate of U.S. Citizenship (INS Form N-560 or N-561)
3. Certificate of Naturalization (INS Form N-550 or N-570)
4. Unexpired foreign passport with I-551 stamp or attached INS Form I-94 indicating unexpired employment
5. Alien Registration Receipt Card with photograph (INS Form I-151 or I-551)
6. Unexpired Temporary Resident Card (INS Form I-688)
7. Unexpired Employment Authorization Card (INS Form I-688A)
8. Unexpired Reentry Permit (INS Form I-327)
9. Unexpired Refugee Travel Document (INS Form I-571)
10. Unexpired Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B)
If the applicant does not provide one of the documents specified in List A, the person may show a document described in List B and a document described in List C.
List B Documents: These documents establish identity. Unless the person has provided a document from List A (above), the applicant must show a document in both List B and List C to complete the I-9 Form.
1. Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a
photograph and information such as name, date of birth, sex, height, eye color, and address;
2. ID card issued by federal, state or local government agencies or entities provided it contains a photograph and
information such as name, date of birth, sex, height, eye color, and address;
3. School ID card with a photograph;
4. Voter's registration card;
5. U.S. Military card or draft record;
6. Military dependent's ID card;
7. U.S. Coast Guard Merchant Mariner Card;
8. Native American tribal document;
9. Driver's license issued by a Canadian government authority.
For persons under age 18 who are unable to present a document listed above:
10. School record or report card
11. Clinic, doctor, or hospital record
12. Day-care or nursery school record
List C Documents
: These documents establish employment eligibility:
1. U.S. social security card issued by the Social Security Administration (other than a card stating it is not valid for
2. Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)
3. Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of
the United States bearing an official seal
4. Native American tribal document
5. U.S. Citizen ID Card (INS Form I-197)
6. ID Card for use of Resident Citizen in the United States (INS Form I-179)
7. Unexpired employment authorization document issued by the INS (other than those listed under List A)
At The Mulder Law Office we can assist you and your business in I-9 Compliance by maintaining employee files for you. Auditing your files on a regular basis to assure compliance. We can also represent you in the event of an audit by the United States Government and any charges of non compliance.
Certain aliens who are temporarily in the United States may file a request for Employment Authorization. The
Employment Authorization Document (EAD) is issued for a specific period of
time based on the alien's status in the United States. If you - the alien - possess a valid
EAD you are authorized to freely work in the United States
without your employer having to file a non-immigrant worker petition.
Currently the EAD is a standard plastic card - the size of a credit card - enhanced with multiple security features. The EAD card
contains some basic information about you: name, birth date, sex,
immigrant category, country of birth, photo, alien registration number
(also called "A-number"), card number, restrictive terms and conditions,
and dates of validity. Your employer should have a copy of your EAD card in your employment file. You should carry a copy of your card at all times while you are working. The card itself should be kept in a safe place where it can be accessed upon request.
If you entered the United States on a visa that entitles you to employment then you do not need to apply for employment authorization. Some visas entitle you to employment in certain fields. For instance, some student visas will entitle the student to work in a field associated with his or her education.
A permanent resident does not need employment authorization.
Warning: It is very important that you comply with the laws as they apply to employment authorization. With a few exceptions, employment without authorization will result in your being denied certain immigration benefits - such as the right to adjust status to a lawful permanent resident.