• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Form I-9: New Guidance to Verify Work Authorization

Brian Bingaman
By: Brian Bingaman
  • Share on

About the Author

Brian Bingaman has been a journalist in the Philadelphia area for nearly 20 years. He was a contributing editor for ResourcefulFinancePro.com, as well as the publications What’s Working in Human Resources and What’s New in Benefits and Compensation. He first became interested in HR when he started noticing a distinct lack of human interaction from the HR department of the newspaper group where he worked. In addition, Brian has 15 years of experience in the radio broadcasting industry.

Show Less
Last Updated: June 7, 2024
3 minute engagement
Form I-9: New Guidance to Verify Work Authorization

When a new hire provides federally-required Form I-9 documentation that indicates they’re authorized to work in the U.S., how do you know that it’s legitimate?

This question becomes even more critical for E-Verify-enrolled employers hiring remote employees when in-person verification isn’t possible. E-Verify businesses that remotely/electronically inspect documentation due to hiring employees outside the local area are also at risk for being fooled by fraudulent documentation.

Since the new Form I-9 was rolled out last year, so many employers have been asking U.S. Citizenship and Immigration Services (USCIS) about List C Form I-9 documents (which include Social Security cards and birth certificates) that the agency updated its guidance.

Additional information on acceptable documents, as well as sample images of documents from List C Item #7 — which is employment authorization specifically issued by the Department of Homeland Security (DHS) — are now easier to find on the I-9 Central site and in the federal M-274 Handbook for Employers.

Passing the Form I-9 List C Test

USCIS says if you’ve been given a List C Item #7 document, you can compare what you receive from a new hire to the posted images for these DHS-issued documents:

  • Form I-94, Arrival/Departure Record
  • Form I-571, Refugee Travel Document
  • Form I-327, Reentry Permit (unexpired), and
  • Form N-560, Certificate of U.S. Citizenship or Form N-561, Replacement Certificate of Citizenship.

Keep in mind that the images you see online may be a different size than the actual documents you receive.

What About Lists A and B?

There are also reference images online and in the employer handbook for Form I-9 List A (documents which establish both identity and employment authorization), including U.S. passports, and List B documents (which establish identity), including driver’s licenses and other photo IDs.

The lists also include what qualifies as a substitute if the new hire doesn’t have the original document (click the “Acceptable Receipts” dropdown menu).

Leeway for Document Expiration Dates

To help prevent applicants from experiencing a lapse in their employment authorization, a temporary final rule published in the Federal Register increased the extension period for employment authorization documents (EAD) submitted with Form I-9.

This means certain EADs set to expire between now and up to 540 days from their original date are considered valid for I-9 purposes as long as the individuals file Form 765, Application for Employment Authorization.

The extension applies to employees who filed a renewal application:

  • on or after Oct. 27, 2023, with a pending status on or after April 8, 2024, or
  • during the 540-day period beginning on or after April 8, 2024 and ending Sept. 20, 2025.

Bottom line: You may need to adjust your I-9 reverification procedures to account for the extended validity of some EADs.

What the Penalties Are

Form I-9 recordkeeping compliance must be taken seriously. Penalty ranges for Immigration and Nationality Act violations assessed as of Feb. 12, 2024 are:

  • $281-$2,789 per individual for paperwork violations
  • $575-$11,524 per document for document fraud
  • $698-$5,579 per individual for a first-time offense of unlawful hiring of unauthorized workers, and
  • $973-$1,942 for failure to notify DHS of an instance when the E-Verify system can’t confirm a new hire’s work eligibility.

By the way, the fines for discrimination against someone based on their citizenship status or national origin can range from $230-$2,304 per individual for unfair document-related practices and $575-$4,610 per individual for first-time offenses of unfair immigration-related employment practices.

For more valuable information on Form I-9 compliance, check out the HRMorning on-demand webinar “I-9 Compliance Success: Must-Know Tips and Troubleshooting.”

Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

Webinars

How Company Culture Boosts Employee Performance

White Papers

8 Best Practices for HR Compliance

Provided by Asure

Webinars

When AI Meets Performance Management: Using Technology Without Losing the Human Touch

Provided by Trinet

White Papers

HSA Employee Survey Kit

SPONSORED CONTENT

HR Technology

sponsored content
The Best AI Software for HR Automation

Courtesy of G-P

Talent Management

sponsored content
Powerful Employee Retention Strategies for 2025: How to Keep Your Best People

Courtesy of PEOPLEGURU

Benefits

Health Care

Wellness

sponsored content
Proven Results: 5 Ways Teladoc Health Chronic Condition Management Transforms HR Outcomes

Courtesy of TELADOC HEALTH

Further Reading

  • Employment Law
Jury Awards $22.5M Verdict in Pregnancy Accommodation Lawsuit

A remote work accommodation dispute turned into a wrongful death case with eight-figure liability. In Larkin v. Total Quality Logistics,...

  • Employment Law
Why You’ll See More Discrimination Claims and How to Handle Them | 2-Minute Video

You can expect an uptick in discrimination claims. Employees know more about discrimination and are more prepared than ever to file. And...

  • Employment Law
  • Payroll
USCIS Revises Form I-9: Here Are the Changes You’ll See

In April 2025, U.S. Citizenship and Immigration Services (USCIS) released an updated version of Form I-9, Employment Eligibility Verificati...

  • Employment Law
He didn’t record his OT: Does he get paid for it?

You might think you know all the ins and outs of when time worked by employees — including OT — must be paid. After all, it sou...

  • Employment Law
Transgender harassment: Alarming allegations lead to big payout

A restaurant will pay $25,000 and take other steps to end a suit that accused it of unlawfully allowing one of its employees to endure tran...

  • Employment Law
  • Wellness
How Do You Calculate FMLA Eligibility? Tell Workers Now

Staying compliant with the Family and Medical Leave Act can be challenging, which makes any guidance from the DOL a useful tool to reassess...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.