Human Resource Blog

Rights to Work in the U.S.

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What documents do we need to check when we are hiring employees in order to verify their right to work in the U.S.?

The IRCA, Immigration Reform Control Act, governs the hiring of employees with regards to their national origin. The purpose of the Act is to prohibit employers from knowingly hiring, recruiting, referring and employing aliens that are not legally allowed to work in the U.S., including illegal aliens.

When you hire an applicant, you need to sign a Form I-9 that states that you have examined appropriate documents that the applicant provided to you. These documents need to be examined so that you can identify the applicant and confirm that he or she is authorized to work in the U.S.  The new employee will also sign on the form, indicating that he or she does legally qualify for employment.

Keep in mind that when you verify these documents, you need to do it within three days of the time that you hired the employee. This deadline can be extended to up to 90 days in the event that you have an employee that can provide proof that she or he has filed an application for the replacement of the authorization document. Note: If you are hiring an employee for a period of time that is expected to last less than three days, then you are required to complete the I-9 form at the time of the hiring.

There are three lists of documents that need to be used when hiring a new employee: List A, List B, and List C. Here is a summary of the documents that are found in each list:

List A (which shows identity and authorization to work):

U.S. passport

Certificate of U.S. citizenship

Certificate of naturalization

Alien registration receipt card

Unexpired foreign passport with a valid I-551 stamp or with INS Form I-94 attached

Unexpired temporary resident card

Unexpired reentry permit

Unexpired refugee travel document

Unexpired employment authorization document

List B (which establishes identity):

License to drive or state-issued ID card

ID card issued by a federal, state, or local government entity

School ID card with a photograph

Voter registration card

U.S. military card or draft record

Military dependent’s ID card

U.S. Coast Guard Merchant Mariner Card

Native American tribal document

Canadian License to drive

List C (which establishes employment eligibility):

U.S. Social Security card

Birth Certificate

Certification of birth abroad, if issued by the Department of State

Native American tribal document

U.S. citizen ID card

ID card for use of resident citizen in the U.S.

Unexpired employment authorization document issued by the Immigration and Naturalization Service (that is not included in List A)

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