Hiring a new employee comes with plenty of paperwork, but few documents carry as much weight—or risk—as the Form I-9. It’s the form that verifies a new hire is legally authorized to work in the U.S., and getting it wrong can lead to costly penalties. For small businesses, especially those without a dedicated HR team, understanding what documents are required and how to collect them is key to staying compliant.
The Form I-9 requires employees to provide documentation that proves both their identity and their authorization to work. This is where the infamous “Lists A, B, and C” come in. Every new hire must present either one document from List A, or one each from List B and List C.
List A documents verify both identity and work authorization. A U.S. passport, for example, satisfies both requirements and is the easiest way to complete the form in one step. Other List A options include permanent resident cards or certain foreign passports with work visas.
If your new hire doesn’t have a List A document, you’ll need one document from each of the other two lists:
- List B includes documents that prove identity, like a state-issued driver’s license or an ID card issued by a government agency.
- List C covers work authorization and includes items like a Social Security card (as long as it’s not marked “Not Valid for Employment”) or a birth certificate issued by a U.S. state.
Your responsibility as an employer is to physically inspect these documents—either in person or, in some cases, remotely using an electronic form I-9 solution. You’re not expected to be a document expert, but you do need to determine whether the documents appear genuine and relate to the person presenting them.
Be careful not to overstep. Asking for specific documents can open the door to discrimination claims. Let your new hires choose which valid documents they want to provide from the lists.
Form I-9 collection compliance isn’t optional, and it doesn’t matter if your team has 2 employees or 200. Every U.S. employer must complete and retain an I-9 for each person hired. Staying organized and using a trusted system for collection and storage can save your business from big headaches down the line.
Hiring is a big step. Make sure your documentation keeps pace.
