Reference Notes | Correction Methods | Technical vs Substantial | All

Reference Notes

RN1

The “Lists of Acceptable Documents” can be found in the Form I-9 instructions or on page 3 of Form I-9.

RN2

Please refer to the list of full names and official abbreviations for List A, List B, and List C found in the Form I-9 Instructions: https://secure.i9.talx.com/Popups/Documents/I-9InstructionsNew.pdf

RN3

When the List A document is a Permanent Resident Card or Employment Authorization Document (EAD), the document number will be in the format of THREE letters followed by TEN digits​ and will NOT be the same as the USCIS/Alien Number​. Depending on the card’s version, the number may be on the front or back. If the card bears three rows of computer-generated characters, the Document Number will always be in the top row, to the right.

RN4

When addressing a concern about a potentially altered or fraudulent document, the employer should not attempt to determine validity based on photocopies of the document only. An employer may not conclude, without foundation, that a photocopy of an employee’s Form I-9 documentation is not genuine or does not relate to the individual. An employer also may not request different documentation from an employee solely because photocopies of the documents are unclear, but must consider the totality of the circumstances. In all cases where an employer suspects that a document may not be valid, the employer must allow the employee to address the concern, which may involve presenting another document from the Lists of Acceptable Documents. The employee may also respond by presenting the original document for the employer’s review.

RN5

Statements may be added to explain why a particular correction was applied or why an error cannot be corrected. Statements will help explain the employer’s actions when the person making the correction is no longer available. In a government audit, statements will help establish the employer’s “good faith” effort to maintain a correct form. Statements should be signed and dated by the person making it.

Reference Notes | Correction Methods | Technical vs Substantial | All