AUTHORIZED REPRESENTATIVE GUIDANCE AND FAQS
Thank you for assisting Bluecrew, an EmployBridge company with the Form I-9 for new hire. To help you, help us complete this government form, we have put together information on acceptable Form I-9 documentation and how to review documents. We also put together links to government resources at the end of the article.
The Form I-9 is needed to verify a new hire’s identity and work permission in the United States.
Additionally, we have included answers to common questions (FAQs).
If you still need help please have the Bluecrew team member reach out via the Bluecrew App for help.
Acceptable Form I-9 Documentation
General
To complete Section 2, the employee will need to present to you either one List A document or a combination of one List B document and one List C document from the U.S. Citizenship and Immigration Service’s (USCIS) Form I-9 List of Acceptable Documents.
The documentation presented by the employee must be presented in person and the documentation should be original (this means it cannot be a photocopy, scan or photo), appear genuine (real), and relate to the employee. More information on the above requirements can be found below.
The USCIS Form I-9 List of Acceptable Documents can be found at USCIS here and also within the online Form I-9 completion portal (EMP Trust) that you will be using to complete Section 2.
You can also access more detailed online lists that include photographs of certain documentation by following the links listed below.
Unfortunately, the USCIS Form I-9 List of Acceptable Documents does not contain information on all acceptable Form I-9 documentation that an employee may choose to present. For more information on certain documentation not included on the USCIS Form I-9 List of Acceptable Documents, please see below.
Frequently Asked Questions
Can one List A or C document be a combination of two or more physical documents?
Yes. There are certain List A or C “documents” that are actually a combination of two or more physical documents. For example, an employee presenting an Employment Authorization Document (EAD) eligible for an automatic extension may be required to present both an EAD and a Form I-797C, Notice of Action.
What if the employee presents a document that is not on the USCIS List of Acceptable Documents or included below?
If our new employee thinks the documents are acceptable but cannot find them on the list, they should contact us in the Bluecrew app right away.
The employee presented a Social Security Card that contains “VALID FOR WORK ONLY WITH DHS/INS AUTHORIZATION” or “NOT VALID FOR EMPLOYMENT.” Is this an acceptable document?
No. This document is a restricted or “annotated” Social Security Card and is not an acceptable Form I-9. You should ask the employee to present another document of their choice.
Replacement Receipts
Employees may present replacement receipts for lost, stolen, or damaged documents. A replacement receipt may be provided for any List A, B, or C document. A replacement receipt is valid for 90 days from the employee’s date of hire. The online Form I-9 portal (EMP Trust) will assist you with calculating validity lengths. You can also go here for more information on replacement receipts.
Frequently Asked Questions
The employee’s receipt contains the words “NEW” or “RENEWAL.” Is that okay? No. A replacement receipt can only be presented for a replacement document of a lost, stolen, or damaged document and does not include a receipt for a new or renewal document. You should ask the employee if they have any other documentation they can present.
Other Receipts
In addition to replacement receipts, there are four other types of receipts that certain employees may present to complete Section 2. This can be confusing so you can have the employee contact us through the Bluecrew app if there are questions. We have provided a table below to help you know what other types of receipts there are as well as how to record an expiration date a but you can also go here for more information on other acceptable receipts.
Receipt Description | Employee Status | List A, B, C | Validity Length |
A Form I-94 with an unexpired refugee admission stamp or admission code of “RE” | Noncitizen Authorized to Work | List A | 90 days from date of hire |
A Form I-94 containing a temporary I-551 (ADIT) stamp and photograph | Lawful Permanent Resident | List A | Until the expiration date of the temporary I-551 (ADIT) stamp, or if there is no expiration date, one year from date of admission |
A Form I-94 containing a class of admission of UHP or OAR on the document or containing a class of admission of PAR and indicates Afghanistan as country of citizenship | Noncitizen Authorized to Work | List A | 90 days (or when the I-94 expires, if less) from date of hire |
A Form I-94 containing a class of admission of DT issued between Feb. 24, 2022, and Sept. 30, 2023, and indicates Ukraine as the country of citizenship | Noncitizen Authorized to Work | List A | 90 days (or when the I-94 expires, if less) from date of hire |
Temporary Documents
Aside from receipts there are several documents that provide temporary work authorization for certain lawful permanent residents (or green card holders). The online Form I-9 portal (EMP Trust) will assist you with calculating validity lengths for the expiration date of the document. We have provided a table below, but you can also go here for more information on temporary documents.
Description | Employee Status | List A, B, C | Validity Length |
A foreign passport with either a temporary I-551 (ADIT) stamp or I-551 printed notation on a machine-readable immigrant visa (MRIV) | Lawful Permanent Resident | List A | Until the expiration date of the temporary I-551 (ADIT) stamp, or if there is no expiration date, one year from date of admission |
An expired Permanent Resident Card (I-551) with a Form I-797 receipt notice for either a Form I-751 or a Form I-829 that indicates USCIS has extended the card’s validity | Lawful Permanent Resident | List C | 12, 18, 24, or 48 months from the expiration date of the Permanent Resident Card |
Frequently Asked Questions
Is a Permanent Resident Card the same as a “green card”?
Yes.
The employee presented an expired Permanent Resident Card (I-551) with a Form I-797 receipt notice for either a Form I-751 or a Form I-829. How do I know the extension length?
The Form I-797 receipt notice will include the length of extension. The extension length will be either 12, 18, 24, or 48 months.
The employee presented an expired Permanent Resident Card (I-551) with a Form I-797 receipt notice but it is for a Form I-90 or Form N-400. Is that an acceptable document?
Yes. An expired Permanent Resident Card (I-551) with a Form I-797 receipt notice for either a Form I-90 or a Form N-400 is an acceptable List A document. The extension will be for 24 months from the expiration date of the Permanent Resident Card and the Form I-797 receipt notice will include the length of extension.
Employment Authorization Document (I-766) Automatic Extensions
Generally because the immigration service cannot process applications fast enough, certain noncitizens authorized to work may be eligible for automatic extensions on their List A Employment Authorization Document (I-766) (“EAD”). The online Form I-9 portal (EMP Trust) will assist you with calculating extension lengths. We have provided a table below, but you can also go here for more information on temporary documents.
Category Codes | Required Documentation | Extension Length |
A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, or C31 | EAD with a Form I-797 receipt notice bearing the same category as the EAD | 180 days from the Card Expires date of the EAD |
A12 or C19 | EAD only | Until USCIS-designated "EAD Auto-Extended Through" date based on the selected Temporary Protected Status (TPS) designated country (to be calculated by online Form I-9 portal –EMP Trust) |
A17, A18, or C26 | EAD with a Form I-797 receipt notice bearing the same category as the EAD, and an unexpired Form I-94 containing a class of admission of H-4, E-1S, E-2S, E-3S, or L-2S | 180 days from the Card Expires date of the EAD, OR the Form I-94 expiration, whichever is earlier |
Frequently Asked Questions
What if the category code on the employee’s EAD does not match the category code on the Form I-797 receipt notice?
If the category codes do not match, then that EAD is not eligible for an automatic extension and expires on the expiration date listed on the EAD. If the EAD is already expired, you should ask the employee if they have any other documentation they can present. This is true unless the code is A12 or C19, see below for more information.
What if the employee’s category code on their EAD does not match any of the category codes listed above?
If the category code on the employee’s EAD does not match any of the category codes listed above, then that EAD is not eligible for an automatic extension and expires on the expiration date listed on the EAD. If the EAD is already expired, you should ask the employee if they have any other documentation they can present.
The employee presented an EAD with a category code of A12 or C19, but the employee’s Temporary Protected Status (TPS) designated country does not match the Country of Birth on their EAD. Is that okay?
Yes. The employee’s Country of Birth on their EAD does not need to match their TPS designated country. The employee should just tell you what TPS country they are associated with.
Does someone with a TPS auto extension always need to present a receipt notice and an expired EAD card?
No. See the M-274 at 5.3 where the government explains that sometimes there is a notice published in the Federal Register about a TPS extension for a certain country and nothing else needs to be presented by the employee, aside from the expired EAD card. In other cases, an individual notice may be issued, extending a TPS EAD card.
Document Review Process
Reasonable Person Standard
It is important to review the employee’s documentation in person and to make sure that the documentation appears genuine and relates to the employee sitting in front of you. You do not need to be a document expert! As long as the document looks and feels genuine, the photograph on the documentation looks like the employee (if it has a photograph), and the personal information on the documentation matches the employee’s information, you should accept and record the documentation in Section 2.
Frequently Asked Questions
Am I supposed to review Section 1 to make sure the employee completed all of the required fields?
Yes. You should review Section 1 and make sure all of the required fields have been properly completed.
Do I need to verify the information in Section 1?
No. However, you should review Section 1 along with the documentation presented by the employee and make sure that the information on the documentation matches the information from Section 1. For example, if the employee presents their Social Security Card for Section 2, you should review the Social Security number recorded in Section 1 and make sure it matches the number on the Social Security Card presented to you. If the information does not match, ask the employee to correct Section 1 before completing Section 2.
The employee presented a document that displays a different name from the name in Section 1 or the employee presented two documents with different names. Can I accept those documents?
Yes. As long as the documentation appears genuine and relates to the employee, you should accept the documentation and record in the List A, B, or C document fields of Section 2.
Can I request that the employee present specific documentation?
No. The employee has their choice of what documentation they would like to present. If their documentation is not acceptable or does not appear genuine or relate to the employee, then you should ask them to present another document of their choice.
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