When a new hire fills out Form I-9, they have to prove two things: who they are, and that they are allowed to work in the United States. They do that with documents from three official lists, List A, List B, and List C. Here is exactly what those lists include, the one rule that decides which documents count, and the over-documentation mistake that gets employers fined.
Quick note: Form I-9 is officially titled the Employment Eligibility Verification form. If you have seen it called that, it is the same document.
1 The one rule: List A, or List B + List C
Everything about I-9 acceptable documents comes down to one choice, and every document must be unexpired:
We act as your authorized representative and complete Section 2 in person anywhere in the five boroughs, which works for any employer. If your company is enrolled in E-Verify, we can also complete it by live video nationwide. Same-day signed PDF, from $65 per employee.
2 What is on each list
Identity + work
U.S. passport or passport card, Green Card (I-551), Employment Authorization Document (I-766), and certain foreign passport combinations.
Identity only
Driver’s license or state ID, government ID card, school ID with photo, U.S. military card, and more.
Work only
Social Security card (unless marked not valid for employment), U.S. birth certificate, and DHS-issued work documents.
The free helper below lists every item on all three lists, in English, Spanish, and Mandarin. Employees under 18 who cannot present a List B document have limited alternatives (school, medical, or day-care records), also covered in the guide.
3 The mistake that gets employers fined
This is the big one. The employee, not you, chooses which acceptable documents to present. You must accept any document that reasonably appears genuine and relates to the person. You may not:
- Demand a specific document (for example, insisting on a Green Card)
- Ask for more documents than the lists require
- Reject a valid, unexpired document because you prefer another
- Treat workers differently based on citizenship status or national origin
Doing any of these can be unlawful document abuse, even when you mean well. When in doubt, accept what the lists allow and let the employee choose.
4 Helping a multilingual workforce
If your team includes Spanish or Mandarin speakers, the document step goes smoother when they can read the lists in their own language. Pair this with our guide on helping a Spanish or Mandarin-speaking employee with I-9 Section 1, and remember that anyone who translates for the employee must sign Supplement A.
5 Get the guide: the trilingual Acceptable Documents helper
A clean, printable one-file guide to List A, B, and C in English, Spanish, and Mandarin, with the selection rule and the employer do-not-over-ask reminder. Hand it to a new hire and the document step takes minutes.
Which Documents Can You Bring for I-9?
The full List A, B, and C in English, Spanish, and Mandarin, with the selection rule and the employer do-not-over-ask reminder. Instant PDF download.
6 Let us verify it for you
Reviewing documents correctly, filling in the employer section, and keeping records audit-ready is where mistakes get expensive. NotarEaseNYC handles I-9 employment verification as an authorized representative across all five boroughs, in person or remotely.
Onboarding new hires in NYC?
We verify List A, B, and C documents and complete the I-9 correctly, so you stay compliant.
No. The employee chooses from the lists. Requiring a specific document can be unlawful document abuse.
Do documents have to be unexpired?
Yes. Every List A, B, or C document must be unexpired to be acceptable.
Can I accept a photocopy?
Generally the employee presents original documents (limited exceptions apply, such as a certified copy of a birth certificate). Review the M-274 handbook.
What if a document looks fake?
You only accept documents that reasonably appear genuine and relate to the person. If one clearly does not, ask for a different acceptable document.
More on I-9 verification: I-9 verification in NYC, what documents you need for I-9, and what I-9 employment eligibility verification is.
General educational information, not legal advice, based on Form I-9 edition 01/20/25. Lists and rules change. Rely on the current official Lists of Acceptable Documents and M-274 Handbook for Employers at uscis.gov, and consult an attorney for specific situations.
7 The receipt rule
An employee who cannot produce a document on day three is not automatically a problem. There is a receipt rule, and it is narrower than most employers assume.
A receipt is acceptable in limited situations, most commonly where a document was lost, stolen or damaged and a replacement has been applied for. It is not acceptable where the employee simply has not applied yet, and it is not a way to buy time on an expired document.
Where a receipt is used, note it, and diarize the date the actual document is due. The failure here is almost never accepting the receipt. It is forgetting to follow up, so the file sits with a receipt in it forever.
8 Unexpired means unexpired
Every document presented must be unexpired at the time you examine it. There is no grace period and no allowance for a renewal in the post.
The one place employers get confused is that an expired document is different from an expiring one. A document with a future end date is fine now and may trigger reverification later. A document that expired last week cannot be accepted at all.
9 Over documentation is a violation with its own penalty
This is the mistake that feels like diligence.
Asking for more documents than the form requires, asking for a specific document, rejecting a valid document because it looks unfamiliar, or asking a non citizen for extra paperwork you would not ask a citizen for is document abuse, and it is enforced separately from paperwork violations.
The employee chooses. One from List A, or one from List B plus one from List C. If what they hand you appears genuine, relates to them, and is on the list, you accept it. Photocopying a passport when they already gave you a driver license and a Social Security card is not extra safety; it is the violation.
10 Copies: all or none
Retaining copies of documents is generally optional, with one exception: employers using the DHS remote examination procedure must retain clear copies.
Whichever you choose, be consistent. Copying documents for some employees and not others is precisely the pattern an auditor reads as discriminatory. Decide the policy, write it down, and apply it to everybody.
11 When to reverify, and when not to
Reverification is done on Supplement B when an employee’s work authorization expires, and this is where good faith employers create violations.
Do not reverify a United States passport. Do not reverify a Permanent Resident Card, even when the card itself carries an expiration date. Do not reverify List B identity documents such as a driver license. Reverifying documents that should never be reverified is its own problem, not a cautious extra step.
Do diarize genuine expiration dates for employment authorization documents and follow up before the date, not after it.
12 Minors and special situations
There are narrower rules for employees under eighteen who cannot produce a List B identity document, and for certain individuals with disabilities. Both allow specific alternatives rather than a waiver of the process.
If you hire seasonal or student workers, read that section of the instructions properly once rather than improvising each summer.
If any of this is more than you want to carry, we complete Section 2 as your authorized representative in person across the five boroughs, and we do not tell your employee which documents to bring.
Need any document notarized online?
Do it over secure video in minutes, from any U.S. state. NotarEase NYC may earn a referral credit when you notarize through our partner, at no extra cost to you.
Also worth reading: E-Verify vs Form I-9, I-9 audits and ICE Notices of Inspection, reverification and Supplement B, and the three-day rule.