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Form I-9: New Guidance to Verify Work Authorization

Brian Bingaman
By: Brian Bingaman
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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.

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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.”

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