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One of the biggest problem employers face when filling out the Form I9, also known as the Employment Eligibility Verification Form, is that it is not as simple as it appears. Employers who do not know what they are doing when filling out this form are setting themselves up for lawsuits by employees and/or government audits.

One of the most important aspects of the Form I9 for employers to understand is that they cannot specify which type of identification document(s) an employee must present at the time of a hire. Specifying the identification document presented has been called document discrimination; companies have been sued and lost millions due to this snare in the regulation. There are a countless variety of identification documents that no one employer can accurately verify is authentic. This means that an employer must become a document expert on all forms of identity documents listed in the M-274, and they are not few in number.

There are three lists of documents in the M-274 from which a newly hired employee may choose to present to his/her employer.

List A

List A contains documents that on their own satisfy both the requirement of identity and employment eligibility. They are as follows:

•United States Passport
•Certificate of United States Citizenship (INS Form N560 or N570)
•Certificate of Naturalization (INS Form N550 or N-570)
•Unexpired foreign passport which:

Contains an unexpired stamp, which reads “processed for I-551, Temporary Evidence of Lawful Admission for permanent residence. Valid until ______, Employment authorized;” or

Has attached to it a Form I-94 bearing the same name as the passport and containing an employment authorization stamp, so long as the period of endorsement has not yet expired, and the proposed employment is not in conflict with any restrictions or limitations identified on the Form I-94.

•Alien Registration Receipt Card (INS Form I-151 or I-551) provided that it contains a photograph of the bearer.
•Unexpired Temporary Resident Card (INS Form I-688)
•Unexpired Employment Authorization Card (INS Form I-688A)
•Unexpired reentry permit (INS Form I-327)
•Unexpired Refugee Travel document (INS Form I-571)
•Unexpired Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B) (you need to insert a footnote or reference to say that you got this information from the handbook)

Lists B and C on the other hand, lists documents that must be presented in conjunction with one another. List B establishes identity only and list C establishes employment eligibility only.

List B

For individuals 18 years of age or older:

•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, sex, height, eye color, and address.
•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, sex, height, eye color, and address (including U.S. Citizen ID card{INS Form I-197} and ID Card for use of Resident Citizen in the U.S. {INS Form I-179})
•School identification card with a photograph
•Voter’s Registration Card
•United States military card or draft record
•Military dependent’s identification card
•United States Coast Guard Merchant Mariner Card
•Native American tribal document
•Driver’s license issued by a Canadian government authority

For individuals under the age of 18 who are unable to present on the documents listed above:

•School record or report card
•Clinic, doctor, or hospital record
•Day-care or nursery school record

List C

Documents that establish employment eligibility

•U.S. Social Security Number Card other than one which has printed on its face “NOT VALID FOR EMPLOYMENT”

NOTE: This must be a card issued by the Social Security Administration; a facsimile (such as a metal or plastic reproduction) is not an acceptable document.

•Certificate of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)
•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
•Native American tribal document
•U.S. Citizen ID Card (INS Form I-197)
•ID Card for Use of Resident Citizen in the U.S. (INS Form I-179)
•Unexpired employment authorization document issued by the INS

Note: The above list of documents was obtained from the M-274 Handbook for Employers.

As you can see, the list of documents is long. Considering that each state has several different types of driver’s licenses as well as IDs, the size of the list becomes staggering. In order for employers to become compliant with government regulations as well as to avoid hefty lawsuits and fines; employers need to have the proper tools that will help them to determine whether a document is real or fake. With Allegiant Solutions an employer can be confident in filling out the Form I9, knowing that they have gone above and beyond the government’s expectations to stay compliant.

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