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I-9 Acceptable Documents List for 2026: Every List A, B, and C Option Explained
Shafi Afridi - California Registered Immigration Consultant, Costa Mesa. I serve as an I-9 authorized representative for employers with remote hires across California and assist with I-9 employment eligibility verification document review. This guide covers publicly available USCIS information about acceptable I-9 documents.
I am Shafi Afridi, a California registered immigration consultant in Costa Mesa. The most common call I get from California employers is some version of the same question: "My new hire showed me a document and I don't know if I can accept it for the I-9." That call usually comes with panic because the employer read somewhere that I-9 fines start at nearly $300 per form in 2026, and they just realized they have been filling out Section 2 wrong for years. The confusion is understandable. Form I-9 looks simple enough on the surface, but the acceptable documents rules catch people off guard because there are three separate lists, specific combination rules, receipt exceptions, and anti-discrimination requirements that limit what an employer can even ask for.
After helping employers across Orange County, Los Angeles County, and Riverside County with I-9 verification, I have seen the same document-related mistakes come up repeatedly. A restaurant owner in Anaheim rejected a valid List B document because he thought only a driver's license counted. An HR manager in Irvine demanded a green card from every non-citizen employee, not realizing that requiring a specific document is actually a federal anti-discrimination violation. A staffing agency in Los Angeles had been photocopying documents but never actually completing Section 2, which turned every single hire into a paperwork violation.
"I just got a new job and my employer is asking for I-9 documents. I only have my Social Security card and a driver's license. Is that enough?"
Yes. A driver's license is a List B document (establishes identity) and an unrestricted Social Security card is a List C document (establishes employment authorization). Together they satisfy the I-9 requirement. The employee always gets to choose which documents to present. An employer cannot reject this combination and demand a passport or green card instead.
Source: Reddit r/immigration and r/humanresources, frequently asked by new employeesHow I-9 Document Lists Work: The List A, B, and C System
Every employer in the United States must complete Form I-9 for each person they hire. The form verifies two things: identity (who the person is) and employment authorization (whether they are legally allowed to work in the U.S.). USCIS splits acceptable documents into three lists to handle these two requirements.
List A documents are the simplest path because each one establishes both identity and employment authorization by itself. If an employee presents a valid List A document, no additional document is needed.
List B documents establish identity only. They prove who the person is but say nothing about work authorization.
List C documents establish employment authorization only. They prove the person can legally work but do not verify identity.
An employee satisfies the I-9 requirement by presenting either one document from List A alone, or one document from List B combined with one document from List C. There is no third option. An employee cannot combine two List B documents or two List C documents. And the employer cannot ask for both a List A document and a List B plus C combination.
I-9 Document Combination Rules
| Option | What It Proves | Example |
|---|---|---|
| One List A document | Identity + Work Authorization | U.S. passport alone |
| One List B + One List C | Identity + Work Authorization | Driver's license + Social Security card |
Anti-Discrimination Rule
Federal law prohibits employers from specifying which documents an employee must present, or from requiring more or different documents than what Form I-9 requires. An employer who tells a new hire "bring your passport" or "I need to see your green card" may be committing document abuse under the Immigration and Nationality Act. The employee chooses which acceptable documents to show. Violations may trigger penalties from the Department of Justice's Immigrant and Employee Rights Section.
"My employer told me I need to bring my green card on my first day. I have my EAD card instead. Can they refuse it?"
No. An Employment Authorization Document (EAD) is a valid List A document that establishes both identity and employment authorization. If the employer demands a green card specifically instead of accepting any valid List A document, that could constitute document abuse. The employer must accept any unexpired, genuine document from the acceptable lists. If an employee believes an employer engaged in document discrimination, they can contact the Department of Justice Immigrant and Employee Rights Section at 1-800-255-7688.
Source: USCIS I-9 Central, anti-discrimination guidance; Reddit r/immigration employer threadsList A Documents: Identity and Employment Authorization
List A documents are the most straightforward because each one does double duty. One unexpired List A document satisfies the entire I-9 requirement with no second document needed. Here is the complete list of acceptable List A documents from the current Form I-9 instructions:
| # | List A Document | Notes |
|---|---|---|
| 1 | U.S. Passport or U.S. Passport Card | Must be unexpired. Both the passport book and the passport card are acceptable. |
| 2 | Permanent Resident Card (Form I-551, "Green Card") | Must be unexpired. Includes both the current and older editions. |
| 3 | Foreign Passport with Temporary I-551 Stamp or I-551 MRIV | The stamp or machine-readable immigrant visa (MRIV) must be unexpired. Used by new permanent residents before their green card arrives. |
| 4 | Employment Authorization Document (Form I-766, "EAD") | Must be unexpired. The card must contain a photograph. |
| 5 | Foreign Passport with Form I-94 Bearing a Specific Nonimmigrant Status | For nonimmigrants authorized to work for a specific employer based on their status (such as H-1B, L-1, or E visa holders). The I-94 must show the specific employment-authorized status. |
| 6 | Passport from the Federated States of Micronesia (FSM) or Republic of the Marshall Islands (RMI) with Form I-94 or I-94A | FSM and RMI citizens can live and work in the U.S. under the Compact of Free Association. Must have the I-94. |
"I just got my green card in the mail but it already has an expiration date. Does that mean my work authorization expires too?"
No. For lawful permanent residents, the green card's expiration date refers to the card itself, not to permanent resident status. Permanent resident status does not expire. However, for I-9 purposes, the employer records the expiration date as shown on the card. When the card expires, the employer should not reverify the employee. USCIS guidance specifically states that employers should not reverify U.S. citizens or lawful permanent residents when their List A documents expire.
Source: USCIS I-9 Central, reverification guidance for permanent residentsWhat About the EAD Auto-Extension?
USCIS previously offered automatic extensions for Employment Authorization Documents when a renewal application (Form I-765) was filed before the current EAD expired. That automatic extension program ended on October 30, 2025. As of 2026, there is no blanket auto-extension for EADs. Employees with pending I-765 renewal applications should check USCIS announcements for any category-specific extensions. For I-9 purposes, once an EAD expires and no valid extension applies, the employer must reverify using Section 3 of Form I-9.
List B Documents: Identity Only
List B documents prove who the employee is but do not establish work authorization. A List B document must always be paired with a List C document to complete the I-9. All List B documents must be unexpired and contain a photograph.
| # | List B Document | Notes |
|---|---|---|
| 1 | Driver's license issued by a state or outlying U.S. territory | Must contain a photograph. Includes all 50 states, D.C., and territories. |
| 2 | ID card issued by a state or outlying U.S. territory | Must contain a photograph. State-issued photo ID cards other than driver's licenses. |
| 3 | ID card issued by federal, state, or local government | Must contain a photograph, name, date of birth, gender, height, eye color, and address. |
| 4 | School ID card with photograph | Must contain a photograph. Acceptable from any educational institution. |
| 5 | Voter registration card | Does not require a photograph in some states. Accepted only if it meets the applicable requirements. |
| 6 | U.S. military card or draft record | Active duty, reserve, or retired military identification. |
| 7 | Military dependent's ID card | Must contain a photograph. |
| 8 | U.S. Coast Guard Merchant Mariner Document (MMD) | Must contain a photograph. |
| 9 | Native American tribal document | Must contain a photograph. |
| 10 | Driver's license issued by a Canadian government authority | For Canadian citizens working in the U.S. under specific programs. |
For employees under age 18 who cannot present one of the documents listed above, the following are also acceptable as List B documents: a school record or report card, a clinic/doctor/hospital record, or a daycare/nursery school record. These special provisions recognize that minors may not have photo identification.
"My new employee just showed me a state ID card from another state. I'm in California. Do I have to accept it?"
Yes. A valid state-issued ID card or driver's license from any U.S. state is acceptable as a List B document. It does not matter that the employee's ID is from a different state than where the employer is located. If the document is unexpired and contains a photograph, the employer must accept it. Refusing a valid out-of-state ID could be considered unfair documentary practices.
Source: USCIS Handbook for Employers (M-274), List B guidance; HR practitioner forumsList C Documents: Employment Authorization Only
List C documents prove that the person is authorized to work in the United States but do not verify identity. A List C document must be combined with a List B document to satisfy the I-9 requirement.
| # | List C Document | Notes |
|---|---|---|
| 1 | U.S. Social Security card (unrestricted) | Must NOT have the restriction "NOT VALID FOR EMPLOYMENT" or "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" printed on it. Laminated cards are acceptable if the original card was not marked "not valid if laminated." |
| 2 | Certification of Report of Birth issued by the Department of State (Forms DS-1350, FS-240, FS-545) | Issued to U.S. citizens born abroad. The DS-1350 was discontinued in 2010, but previously issued copies are still acceptable. |
| 3 | Original or certified copy of a birth certificate from a U.S. state, county, municipal authority, or outlying territory | Must be an original or certified copy bearing an official seal. Hospital certificates and commemorative birth certificates are not acceptable. |
| 4 | Native American tribal document | A tribal document can serve as either a List B or List C document, but not both simultaneously for the same employee. |
| 5 | U.S. Citizen ID Card (Form I-197) | Issued by USCIS to naturalized or derived citizens. |
| 6 | ID Card for Use of Resident Citizen in the United States (Form I-179) | Issued by the former INS. |
| 7 | Employment authorization document issued by DHS | Certain DHS-issued documents not listed elsewhere. Does not include the EAD card (Form I-766), which is a List A document. |
"My Social Security card says 'VALID FOR WORK ONLY WITH DHS AUTHORIZATION.' Can I use it for the I-9?"
A Social Security card with this restriction is not acceptable as a List C document. This restriction appears on cards issued to noncitizens whose work authorization depends on their immigration status. The employee would need to present a different List C document (such as an employment authorization document issued by DHS) or use a List A document instead. An unrestricted Social Security card, without any restrictive language, is the version that qualifies as List C.
Source: USCIS Form I-9 Instructions, List C document requirements; Reddit r/USCIS threads on restricted SSN cards"I lost my birth certificate and my Social Security card. What documents can I use for the I-9?"
If the original documents were lost, stolen, or damaged, the employee can present a receipt showing they have applied for a replacement document. This receipt is valid for 90 days, during which the employee must present the actual replacement document. The employee could also request a certified copy of the birth certificate from the vital records office in the state where they were born, or request a replacement Social Security card from SSA. In the meantime, the receipt rule may provide temporary coverage. Another option is to present a List A document such as a U.S. passport if the employee has one.
Source: USCIS I-9 Central, receipt rule guidance; Quora immigration document questionsThe I-9 Receipt Rule: Temporary Documents for Lost, Stolen, or Damaged Originals
The receipt rule is one of the most misunderstood parts of the I-9 process. When an employee cannot present a required document because it was lost, stolen, or damaged, they may show a receipt for the replacement document as a temporary measure.
How the 90-Day Receipt Window Works
The receipt is acceptable as a temporary I-9 document for 90 days from the date of hire (for new employees) or from the date employment authorization expires (for reverification). Within that 90-day period, the employee must present the actual replacement document. If they do not, the employer may not be able to continue employing them.
Important exception: A receipt for an initial application (not a replacement) is generally not acceptable. For example, a receipt showing that someone applied for a Social Security card for the first time is different from a receipt for a replacement of a lost card.
Special receipt rules: A Form I-94 with a refugee admission stamp serves as a receipt for either a List A (Employment Authorization Document) or a List B (unrestricted Social Security card) document. For refugees, the replacement document must be presented within 90 days (EAD) or the 90-day period applies to the unrestricted Social Security card.
"My employee showed me a receipt for a replacement EAD. The 90 days is about to expire and the new card hasn't arrived. What do I do?"
This is a difficult situation that I hear about regularly. USCIS processing delays are real, and replacement EADs can take longer than 90 days. At the end of the 90-day receipt period, if the employee has not presented the actual document, the employer faces a compliance decision. The employee may need to present a different acceptable document if they have one. Whether continuing employment is permissible in a specific situation involves legal questions that an employment attorney can address. The employer should document the situation carefully.
Source: USCIS Handbook for Employers (M-274), receipt rule chapter; HR compliance forumsI-9 Video: Understanding Employment Eligibility Verification
2026 I-9 Penalty Amounts: What Non-Compliance Actually Costs
I-9 penalties increased again for 2026, and the numbers are significant enough that even small businesses with a handful of employees can face tens of thousands of dollars in fines during an ICE audit. These are the current fine ranges based on publicly available ICE and USCIS enforcement data:
2026 I-9 Civil Penalty Ranges
| Violation Type | Penalty Range |
|---|---|
| Paperwork violations (incomplete forms, missing sections, expired form editions) | $288 - $2,861 per I-9 form |
| Knowingly hiring unauthorized workers (1st offense) | $716 - $5,724 per worker |
| Knowingly hiring unauthorized workers (2nd offense) | $5,724 - $14,308 per worker |
| Knowingly hiring unauthorized workers (3rd+ offense) | $8,586 - $28,619 per worker |
| Document fraud (1st offense) | $590 - $4,730 per individual |
| Document fraud (subsequent offenses) | $4,730 - $11,820 per individual |
Consider what this means for a small California business. A restaurant with 20 employees that has paperwork violations on every I-9 form could face penalties between $5,760 and $57,220 in a single audit. And that is just for technical paperwork errors, not for knowingly hiring unauthorized workers. The penalties stack because they apply per form, not per audit.
"I run a small business with 12 employees. I just found out half our I-9 forms are filled out wrong. Am I going to get fined?"
I-9 paperwork violations are assessed per form, so each incorrect form is a separate potential penalty of $288 to $2,861 in 2026. However, employers generally learn about violations through an ICE audit (Notice of Inspection). If an employer proactively corrects I-9 forms before an audit, those corrected forms may not result in penalties. The key is to audit the existing forms internally, correct any errors by completing new I-9 forms where necessary (noting "correction" in Section 2 Additional Information), and ensure all new hires going forward have properly completed forms. Consulting with an employment attorney before an ICE audit can help address specific compliance questions.
Source: ICE I-9 inspection procedures; i-9intelligence.com 2026 penalty schedule; Reddit r/smallbusiness employer threadsMarch 2026 ICE Reclassification: Five Errors That Lost Their Safety Net
In March 2026, ICE reclassified several I-9 errors from technical violations to substantive violations. This matters because technical violations receive a 10-business-day cure window to correct the error before fines apply. Substantive violations do not receive that cure period, meaning fines can apply immediately upon discovery.
The reclassified errors include: missing date of birth in Section 1, missing hire date in Section 2, failure to date either section, using the Spanish-language Form I-9 outside of Puerto Rico, and missing rehire date in Section 3. Before March 2026, these were considered minor technical errors that an employer could fix within 10 business days after notice. That grace period no longer applies to these specific errors.
This change means that errors many employers previously considered harmless, such as forgetting to date Section 2, now carry immediate penalty exposure during an ICE audit.
"I've been using the Spanish version of the I-9 form for my Spanish-speaking employees here in California. Is that a problem?"
Yes. The Spanish-language Form I-9 is authorized for use only in Puerto Rico. In all 50 states, including California, the employer must use the English-language version of the form. The employee can use a Spanish-language translation to help them understand the form, but the completed form itself must be the English version. As of March 2026, using the Spanish-language form outside Puerto Rico is classified as a substantive violation, not a technical one, which means there is no 10-day correction window.
Source: ICE March 2026 reclassification guidance; USCIS Form I-9 instructions, language requirementsI-9 Authorized Representative: Section 2 Completion for Remote Hires
One of the most practical but least understood parts of the I-9 process involves the authorized representative. Federal regulations allow any person aged 18 or older to act as an authorized representative to complete Section 2 of Form I-9 on behalf of the employer. The employer does not need to be physically present when the employee's documents are examined.
This is especially relevant for remote hires, which have become increasingly common since 2020. When an employer in San Francisco hires someone who will work remotely from San Diego, someone near the employee needs to physically examine the original documents. That person is the authorized representative.
I operate i-9-authorized-representative.com specifically to serve California employers who need someone to complete Section 2 for remote employees. As an authorized representative, I physically examine the employee's original documents, verify they appear genuine and relate to the person presenting them, and complete Section 2 of Form I-9.
What the Authorized Representative Does and Does Not Do
The authorized representative physically reviews the original documents the employee presents, confirms they reasonably appear genuine and relate to the employee, and completes Section 2 of Form I-9 with the document information. The authorized representative signs and dates Section 2. The employer remains liable for any violations on the form, even when an authorized representative completes it. The authorized representative cannot tell the employee which documents to bring (anti-discrimination rules still apply) and cannot make legal determinations about the employee's work authorization status.
"I hired someone in a different state. Do I need to fly there to check their I-9 documents?"
No. An authorized representative can complete Section 2 on behalf of the employer. The authorized representative is any person aged 18 or older, and the employer designates them for this purpose. The authorized representative physically examines the employee's documents in person, completes Section 2, and sends the completed form back to the employer. The employer does not need to be present. This is exactly the kind of situation where an authorized representative service is useful. The employer remains responsible for the accuracy of the form even though someone else completed Section 2.
Source: USCIS Handbook for Employers (M-274), authorized representative guidance; employer HR compliance threadsSection 3 Reverification: When Employment Authorization Expires
Section 3 of Form I-9 applies when an employee's work authorization has an expiration date. Before that date arrives, the employer must reverify by having the employee present a document showing current work authorization. The employee must present either a List A document or a List C document for reverification. List B documents (identity only) are not used for reverification because identity was already established when the employee was originally hired.
There are critical reverification rules that trip up employers:
Key Points for Section 3
Do reverify: Employees whose employment authorization documents have expiration dates (EADs, certain work permits, documents with employment-authorized status tied to a date).
Do not reverify: U.S. citizens and lawful permanent residents. Even when a permanent resident's green card expires, the employer does not reverify because permanent resident status itself does not expire. Reverifying a permanent resident or U.S. citizen may constitute citizenship status discrimination.
Timing: Reverification must be completed on or before the expiration date of the work authorization. Do not wait until after it expires.
Which section to use: Complete Section 3 of the existing I-9, or complete a new Form I-9 using only Section 1 and Section 3.
"My employee's green card expired. Do I need to reverify them?"
No. Lawful permanent residents do not need to be reverified when their green card expires. The green card (Form I-551) has an expiration date, but permanent resident status does not expire. USCIS explicitly states that employers should not reverify employees who presented a Permanent Resident Card (List A, item 2) even after the card expires. Reverifying a permanent resident may trigger a citizenship status discrimination complaint. The employee should renew their card by filing Form I-90 with USCIS, but that is their responsibility, not a condition of continued employment.
Source: USCIS I-9 Central, reverification guidance; DOJ Immigrant and Employee Rights Section, employer discrimination FAQCommon I-9 Mistakes That Trigger Violations
Based on publicly available ICE audit patterns and USCIS compliance guidance, these are the errors that most frequently result in penalties during I-9 inspections:
Mistake 1: Not Completing Section 2 Within 3 Business Days
Section 2 must be completed within three business days of the employee's first day of work. Not three calendar days, not three days from the offer letter, three business days from the actual start date. If the employee will work for fewer than three days, Section 2 must be completed by the first day of work. Missing this deadline is a substantive violation.
Mistake 2: Accepting Expired Documents
All I-9 documents must be unexpired at the time of presentation (with specific exceptions for certain receipt situations). An expired driver's license is not acceptable as a List B document. An expired EAD is not acceptable as a List A document. The expiration date on the document is what matters, not when the employee applied for a renewal.
Mistake 3: Not Signing or Dating Section 2
The employer or authorized representative must sign and date Section 2. A missing signature or date is a violation. As of March 2026, failing to date Section 2 is classified as a substantive violation with no 10-day cure window. This means an employer cannot simply correct the missing date after being notified during an audit.
Mistake 4: Using an Outdated Form Edition
USCIS periodically releases new editions of Form I-9. Using an expired edition is a paperwork violation. The current edition's expiration date is printed in the lower-left corner of the form. Always download the latest version directly from the USCIS website. As of 2026, the valid edition is noted on the USCIS I-9 Central page.
Mistake 5: Over-Documentation
Requesting more documents than the I-9 requires, or requiring specific documents, is an anti-discrimination violation. If an employee presents a valid driver's license (List B) and an unrestricted Social Security card (List C), the employer cannot also ask for a passport. If an employee presents a U.S. passport (List A), the employer cannot also ask for a Social Security card. Over-documentation can result in penalties from both ICE and the Department of Justice.
"HR told me to photocopy all I-9 documents. Is that required?"
Photocopying I-9 documents is optional, not required. If an employer chooses to photocopy documents, they must do so consistently for all employees regardless of citizenship status or national origin. Selectively photocopying documents only for certain employees could be considered discriminatory. If copies are made, they should be kept with the I-9 form. Whether to photocopy is a company policy decision, not a legal requirement.
Source: USCIS Handbook for Employers (M-274), document retention chapter; HR practitioner best practicesI-9 Record Retention: How Long to Keep the Forms
Employers must retain completed I-9 forms for a specific period after the employee leaves. The retention rule uses a two-part formula, and the employer keeps the form for whichever date is later:
Three Years from Hire or One Year from Termination
Calculate two dates: (1) three years after the date of hire, and (2) one year after the date employment ended. The employer must keep the I-9 until the later of these two dates.
Example: An employee was hired on March 1, 2023, and terminated on February 1, 2026. Three years from hire = March 1, 2026. One year from termination = February 1, 2027. The employer must retain the I-9 until February 1, 2027 (the later date).
Example: An employee was hired on January 1, 2020, and terminated on June 1, 2020. Three years from hire = January 1, 2023. One year from termination = June 1, 2021. The employer must retain the I-9 until January 1, 2023 (the later date).
Destroying I-9 forms too early can result in paperwork violation penalties during an audit.
I-9 Document Verification for California Employers
California employers face the same federal I-9 requirements as employers in every other state, plus additional California-specific considerations. California law (AB 450, Labor Code Section 1019.1) restricts employers from reverifying employment authorization at a time or manner not required by federal law, and prohibits employers from using E-Verify to check the employment eligibility of existing employees not subject to a federal E-Verify requirement.
For California employers who need assistance with I-9 compliance, document verification, or authorized representative services for remote hires, I provide I-9-related services through my I-9 authorized representative practice. I physically examine documents, complete Section 2 as an authorized representative, and assist employers with understanding the acceptable documents lists. I do not provide legal advice about specific employee situations, and I recommend consulting with an employment attorney for legal compliance questions.
"I'm an employer in Orange County and just got a Notice of Inspection from ICE. What should I do first?"
A Notice of Inspection (NOI) gives the employer three business days to produce I-9 forms for current and sometimes former employees. The first step is not to panic, and the second step is to contact an employment attorney immediately. Do not alter, back-date, or destroy any I-9 forms after receiving an NOI, as that can turn a paperwork violation into a criminal obstruction issue. An attorney can review the forms, identify potential violations, and prepare a response. I can assist with organizing I-9 documentation and forms, but legal strategy for responding to an ICE audit requires an attorney.
Source: ICE I-9 inspection procedures; employment law practitioner guidance; California employer compliance forums"My employee brought a document I've never seen before. It says 'Employment Authorization Document' but looks different from the ones I've seen. How do I know if it's real?"
EAD cards (Form I-766) have changed in appearance over the years. USCIS has issued multiple card designs. The employer's obligation during I-9 completion is to examine the document and determine whether it reasonably appears to be genuine and to relate to the person presenting it. The employer is not expected to be a document fraud expert. If the document reasonably appears genuine, has a photograph that matches the employee, shows an unexpired date, and is listed as an acceptable I-9 document, the employer should accept it. Refusing a document that reasonably appears genuine because the employer is not familiar with the format could be considered document discrimination. USCIS provides images of valid document formats on its website and through the I-9 Central resource page.
Source: USCIS I-9 Central, document examination guidance; USCIS Handbook for Employers (M-274)"Can a DACA recipient use their EAD for the I-9?"
Yes. A valid, unexpired Employment Authorization Document (EAD) issued to a DACA recipient is a List A document for I-9 purposes. It establishes both identity and employment authorization. The employer should not ask about the employee's immigration status beyond what the I-9 requires. Asking whether someone is a DACA recipient or treating DACA-based EADs differently from other EADs could constitute citizenship status or national origin discrimination.
Source: USCIS I-9 Central, EAD guidance; DOJ Immigrant and Employee Rights Section; Reddit r/DACA employment threadsFrequently Asked Questions About I-9 Acceptable Documents
What documents are acceptable for Form I-9?
Form I-9 accepts three categories of documents. List A documents (such as a U.S. passport, permanent resident card, or EAD) establish both identity and employment authorization with a single document. List B documents (such as a driver's license or state ID) establish identity only. List C documents (such as an unrestricted Social Security card or birth certificate) establish employment authorization only. An employee can present one List A document alone, or combine one List B with one List C document.
Can an employer require specific I-9 documents?
No. Under the Immigration and Nationality Act's anti-discrimination provisions, an employer cannot tell an employee which specific documents to present or demand more documents than the I-9 requires. The employee chooses which acceptable documents to show. Requiring a specific document or refusing a valid one may constitute document abuse and can result in penalties from the Department of Justice.
What are the I-9 penalty amounts for 2026?
Paperwork violations range from $288 to $2,861 per form. Knowingly hiring unauthorized workers carries penalties of $716 to $5,724 per worker for a first offense, $5,724 to $14,308 for a second offense, and $8,586 to $28,619 for third or subsequent offenses. Document fraud penalties start at $590 to $4,730 for first offenses. These penalties apply per form or per worker, so multiple violations can compound quickly.
What is the I-9 receipt rule?
When an employee cannot present the required document because it was lost, stolen, or damaged, they may present a receipt showing they applied for a replacement. The receipt is valid for 90 days, during which the employee must present the actual replacement document. Receipts for initial applications (not replacements) are generally not acceptable.
What changed with ICE I-9 enforcement in March 2026?
ICE reclassified five errors from technical to substantive violations: missing date of birth in Section 1, missing hire date in Section 2, failure to date sections, using the Spanish-language form outside Puerto Rico, and missing rehire date in Section 3. Substantive violations do not receive the 10-business-day cure window, meaning fines can apply immediately upon discovery during an audit.
Who can serve as an authorized representative for I-9 Section 2?
Any person aged 18 or older can serve as an authorized representative to complete Section 2 on behalf of an employer. The employer designates the authorized representative, who physically examines the employee's original documents and completes Section 2. The employer remains liable for any errors on the form even when an authorized representative completes it. This is common for remote hires where the employer and employee are in different locations.
How long must an employer keep I-9 forms?
Employers must retain each I-9 for three years from the date of hire or one year from the date employment ends, whichever is later. For example, an employee hired January 2024 and terminated June 2025 would have a retention date of June 2026 (one year after termination) since that is later than January 2027 (three years after hire). Destroying forms too early can result in paperwork violation penalties.
What happens when an employee's work authorization expires?
The employer must reverify by completing Section 3 of Form I-9 on or before the expiration date. The employee presents a List A or List C document showing current work authorization. Employers should not reverify U.S. citizens or lawful permanent residents, even when their documents expire, as permanent resident status does not expire and reverifying could constitute discrimination.
See also: I-9 Authorized Representative Services · Adjustment of Status · Marriage-Based Green Card · Citizenship and Naturalization California · Affordable Immigration Services · Bonded Immigration Consultant California · Fee Disclosure
This page contains publicly available information from USCIS, the U.S. Department of State, ICE, and official Form I-9 instructions. I am not an attorney. I cannot provide legal advice, determine eligibility for immigration benefits, or represent you before USCIS or any government agency. I provide nonlegal immigration document-preparation services permitted under California law (BPC §22440-22448). For legal questions about I-9 compliance, employment law, or your specific situation, consult a licensed attorney. Bond #73808846, Western Surety Company. Verify my registration →
Sources cited on this page: USCIS Form I-9 Instructions · USCIS Handbook for Employers (M-274) · USCIS I-9 Central · ICE I-9 Inspection Procedures · ICE March 2026 Violation Reclassification · i-9intelligence.com 2026 Penalty Schedule · DOJ Immigrant and Employee Rights Section · California Labor Code Section 1019.1 (AB 450) · Immigration and Nationality Act Anti-Discrimination Provisions · Reddit r/immigration · Reddit r/humanresources · Reddit r/USCIS · Reddit r/DACA · Quora I-9 Document Threads · HR Compliance Practitioner Forums · California Business and Professions Code §22440-22448
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I am dedicated to providing professional service with the highest degree of honesty and integrity, and strive to add value to the immigration document preparation services I offer.
Afridi Immigration Document Preparation Services
I am Not an Attorney and Cannot Give Legal Advice
Bond Information:
As required under California law, I am bonded in the amount of $100,000.
Bond Number: 73808846 - SHAFI AFRIDI
Bonding Company: Western Surety Company
101 S. Reid St., Ste 300, Sioux Falls, SD 57103-7046
Bond Filed With: California Secretary of State