The Form I-9 is the primary source document used to validate an employee's eligibility to work in the United States. Employers must review acceptable documents listed on the I-9, such as a U.S. passport, Permanent Resident Card, or Employment Authorization Document, to verify identity and employment authorization. Proper completion and retention of the I-9 form ensure compliance with federal employment eligibility verification requirements.
Introduction to Eligibility Verification in Employment
Verifying eligibility to work is a crucial step in the employment process to ensure compliance with legal requirements. Employers must review specific source documents that confirm an individual's authorization to work in the country.
The most common source document for eligibility verification is the Form I-9, which requires employees to present original identification and work authorization documents. Acceptable documents include a U.S. passport, permanent resident card, or employment authorization document issued by the Department of Homeland Security.
Overview of Source Document Requirements
Which source document validates eligibility to work in the United States? The primary documents include a U.S. passport, Permanent Resident Card, or Employment Authorization Document. Your employer must review original documents from the acceptable list to verify identity and employment authorization.
Commonly Accepted Verification Documents
Commonly accepted verification documents that validate eligibility to work include a U.S. passport, a Permanent Resident Card (Form I-551), and a driver's license combined with a Social Security card. Employers must review these documents to confirm Your legal authorization to work in the United States. These sources comply with the Form I-9 requirements established by the U.S. Citizenship and Immigration Services.
Understanding Form I-9 Compliance
Form I-9 is the official document that validates eligibility to work in the United States. Employers must verify identity and employment authorization using acceptable documents listed on Form I-9, such as a U.S. passport, permanent resident card, or Social Security card. Your compliance with Form I-9 ensures lawful employment and avoids penalties related to unauthorized work.
Primary vs. Secondary Source Documents
Determining your eligibility to work requires presenting valid source documents. Employers must distinguish between primary and secondary source documents to validate this eligibility effectively.
- Primary Source Documents - These include passports, Permanent Resident Cards, and Employment Authorization Documents that directly prove your identity and work authorization.
- Secondary Source Documents - Documents such as Social Security cards or voter registration cards provide supplemental confirmation of identity but not work eligibility on their own.
- Document Combination - Employers often require a combination of one primary document or a combination of secondary documents to satisfy legal employment verification requirements.
Steps for Verifying Document Authenticity
The primary source document that validates eligibility to work is the Form I-9, Employment Eligibility Verification. Employers must examine original documents presented by employees to confirm identity and work authorization.
Steps for verifying document authenticity include checking the document's expiration date and comparing the photo with the employee. Employers should also ensure the document is on the official list of acceptable documents, such as a U.S. passport or a driver's license combined with a Social Security card.
Recordkeeping and Document Retention Guidelines
The most common source documents that validate eligibility to work in the United States include the Form I-9 and its supporting identification documents. Proper recordkeeping and document retention are crucial to maintaining compliance with employment laws and audits.
Employers must retain Form I-9 for each employee for three years after the date of hire or one year after employment ends, whichever is later. Failure to comply with retention guidelines can result in penalties and legal issues.
- Form I-9 Verification - This form is the official document used to confirm an individual's authorization to work in the U.S.
- Supporting Documents - Identification documents such as a U.S. passport or permanent resident card validate the information on the Form I-9.
- Retention Requirements - Employers are required to store I-9 forms securely and must make them available for government inspection upon request.
Addressing Document Expiration and Updates
Understanding which source document validates eligibility to work is essential for compliance with employment laws. Addressing document expiration and timely updates ensures continued work authorization verification.
- Form I-9 - This form requires presentation of original documents that prove identity and employment authorization.
- List of Acceptable Documents - Lists documents such as a U.S. passport or Permanent Resident Card that can be used to verify eligibility.
- Document Expiration Monitoring - Employers must track expiration dates on work authorization documents to request updated proof when necessary.
You should ensure all employment eligibility documents are current and valid throughout the duration of employment.
Handling Inconsistent or Fraudulent Documents
| Source Document | Purpose | Handling Inconsistent or Fraudulent Documents |
|---|---|---|
| U.S. Passport or Passport Card | Validates both identity and employment authorization. | Verify holograms and biometric data. Report discrepancies to HR and comply with E-Verify guidance for questionable authenticity. |
| Permanent Resident Card (Form I-551) | Confirms lawful permanent resident status and authorization to work. | Check card expiration and laminate condition. Cross-check information against DHS databases; escalate suspicious cards for further review. |
| Employment Authorization Document (Form I-766) | Confirms temporary authorization to work for non-citizens. | Examine expiration dates and card features. Use E-Verify or similar tools to validate document status and notify compliance officers if fraud is suspected. |
| Driver's License or State ID with Social Security Card | Establishes identity and work authorization (combined with Social Security card). | Confirm consistency between ID and Social Security number. In cases of conflicting information, request additional documentation or verification. |
| Social Security Card | Supports verification of work authorization and identity. | Watch for altered or laminated cards without proper validation features. Verify numbers via SSA's verification tools. |
| Birth Certificate | Demonstrates U.S. citizenship or identity. | Assess for signs of tampering or photocopy manipulation. Require certified copies if document authenticity is questionable. |
| Handling Procedures | When documents appear inconsistent or fraudulent, initiate secondary verification processes. Document all findings and communications. Adhere to U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) protocols. Maintain confidentiality and prevent discriminatory practices during investigations. | |
Which Source Document Validates Eligibility to Work? Infographic
