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Do You Understand the ABCs of I-9 Documentation and Verification?
December 4, 2023
In the intricate world of I-9 documentation and verification, understanding the ABCs — Acceptable Documents A, B, and C, that is — is crucial. But that's not all; with the introduction of the Alternative Procedure, staying compliant takes on a whole new dimension. Let's decode these complexities together.
Acceptable I-9 Documents: A, B, and C
List A — Identity and Right to Work:
List A documents establish both identity and work eligibility. Examples include green cards, U.S. passports, and foreign passports with Form I-94 or a temporary I-551 stamp. An employee presenting a valid, unexpired List A document satisfies both identity and work authorization requirements.
List B — Identity Only: List B documents establish identity, and an employee presenting one must also present a document from List C to complete Section 2. Some List B documents include driver's licenses, ID cards, or school records.
List C — Employment Authorization: List C documents confirm work eligibility and an employee presenting one must also provide a document from List B to complete Section 2. Some List C documents include Social Security cards, birth certificates, Citizen ID cards, and United States Department of Homeland Security (DHS) employment authorization.
To complete Section 2 of Form I-9, employees must present one List A document or one List B document and one List C document. These documents should be physically examined by the employer or an authorized representative. All accepted documents must be unexpired and appear genuine.
However, the U.S. Citizenship and Immigration Services (USCIS) recently introduced a new "Alternative Procedure" on August 1, 2023, which changes the compliance tune.
List B — Identity Only: List B documents establish identity, and an employee presenting one must also present a document from List C to complete Section 2. Some List B documents include driver's licenses, ID cards, or school records.
List C — Employment Authorization: List C documents confirm work eligibility and an employee presenting one must also provide a document from List B to complete Section 2. Some List C documents include Social Security cards, birth certificates, Citizen ID cards, and United States Department of Homeland Security (DHS) employment authorization.
To complete Section 2 of Form I-9, employees must present one List A document or one List B document and one List C document. These documents should be physically examined by the employer or an authorized representative. All accepted documents must be unexpired and appear genuine.
However, the U.S. Citizenship and Immigration Services (USCIS) recently introduced a new "Alternative Procedure" on August 1, 2023, which changes the compliance tune.
The ‘Alternative Procedure’ — As Easy as 1,2,3
Employers can now use the new Form I-9 , featuring a remote verification process, also known as the "Alternative Procedure." Key changes include shorter instructions, standalone documents for certain sections, and the ability to fill out the form on mobile devices.
Qualified employers, those who are in good standing with the federal E-Verify program, can use the "Alternative Procedure" for employees hired on or after August 1, 2023. They should:
- Receive and examine copies of the employee's Form I-9 documents, ensuring they appear genuine. If the documents are two-sided, employers need to examine copies of both the front and back.
- Conduct a live video meeting with the employee, verifying the documents. The employee needs to bring the same documents that they sent to the employer so the employer can ensure that they reasonably appear to be genuine and relate to the employee.
- Check the "Alternative Procedure" box on the form when documenting the remote verification process.
Employers must retain legible copies of all documents submitted by employees, whether from List A, B, or C. But remember, employees have the right to opt for an in-person examination if they prefer, especially if secure electronic transmission isn't feasible.
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