Home > Frequently Asked Questions > I-9 Central: List B Documents – Identity
<< List of all sets of Frequently Asked Questions Are driver authorization and driver privilege cards acceptable List B documents? Yes. A driver authorization or driver privilege card issued by a State or outlying possession of the United States is an acceptable List B document, if it contains a photograph or identifying information such as name, date of birth, sex, height, color of eyes, and address. An employer must examine the document presented by its employee and determine whether it meets Form I-9 requirements. If the employer accepts a driver authorization or driver privilege card as a List B document, the employer must also examine a List C document establishing employment authorization. Last Reviewed/Updated: 05/19/2015 Are the Veterans Affairs issued Veterans Identification Card (VIC) and Veterans Health Identification Card (VHIC) acceptable List B documents? The VIC and VHIC are acceptable List B #2 documents if the card contains a photograph or identifying information (such as name, date of birth, gender, height, eye color and address) and appears to be genuine and to relate to the person presenting it. These cards are not considered List B #5 or #6 documents which are issued by the U.S. Armed Forces. Last Reviewed/Updated: 09/08/2016 Is a Certificate of Degree of Indian Blood (CDIB) issued by Bureau of Indian Affairs an acceptable List B #2 document for Form I-9? The CDIB is an acceptable document and meets the criteria as a List B #2 card issued by a federal agency containing a photograph. It is not a Native American tribal document and would not be acceptable as a List B #8 document. The employee will also need to provide a List C employment authorization document. Last Reviewed/Updated: 02/12/2016 If I accept a driver authorization or driver privilege card as a List B identity document, will that show I knew or should have known that my employee is not authorized to work? The fact that an employee presents or an employer accepts a driver privilege or authorization card that meets Form I-9 requirements as a List B identity document does not, in and of itself, support a conclusion that the employer had actual or constructive knowledge (i.e. knew or should have known) that an employee is not employment authorized. Under DHS regulations (8 CFR 274a.1(l)), whether an employer is considered to have actual or constructive knowledge that an employee is not authorized to work is determined on a case-by-case basis and depends upon all of the facts and variables specific to the individual case. Under 8 CFR 274a.1(l), a knowing hire violation can include, in addition to actual knowledge of unlawful status, constructive knowledge that may be fairly inferred through notice of certain facts and circ*mstances, which would lead the employer through the exercise of reasonable care, to know about a certain condition. Knowledge that an employee is unauthorized may not be inferred from an employee’s foreign appearance or accent. Last Reviewed/Updated: 05/21/2015 Can I refuse to accept a driver privilege or driver authorization card and ask my employee to provide a different document? No.You must accept any document that satisfies Form I-9 requirements.You may reject a document if it does not reasonably appear to be genuine or to relate to the employee.Rejecting a document that satisfies Form I-9 requirements may constitute illegal discrimination under the Immigration and Nationality Act’s anti-discrimination provision or Title VII of the Civil Rights Act of 1964. Last Reviewed/Updated: 05/19/2015 Is a state-issued driver’s license with the notation "FEDERAL LIMITS APPLY," “NOT ACCEPTABLE FOR OFFICIAL FEDERAL PURPOSES,” or other similar notation on the front or back of the license an acceptable List B document? Yes. The notation "FEDERAL LIMITS APPLY," “NOT ACCEPTABLE FOR OFFICIAL FEDERAL PURPOSES” or a similar notation on the front or back of a state-issued driver’s license indicates it does not meet the standards for the issuance and production of a compliant card under the REAL ID Act (for information on REAL ID, see http://www.dhs.gov/secure-drivers-licenses). A driver’s license with this type of notation is, however, an acceptable List B document if it contains a photograph or identifying information such as name, date of birth, sex, height, color of eyes, and address.An employer must examine the document presented by its employee and determine whether it meets Form I-9 requirements.If the employer accepts any document, including a state-issued license with a limiting notation, as a List B document, the employer must also examine a List C document establishing employment authorization. Last Reviewed/Updated: 05/19/2015 If I accept a driver’s license that includes the notation "FEDERAL LIMITS APPLY," “NOT ACCEPTABLE FOR OFFICIAL FEDERAL PURPOSES,” or other similar notation on the front or back of the license, as a List B identity document will that show that I knew… If I accept a driver’s license that includes the notation "FEDERAL LIMITS APPLY," “NOT ACCEPTABLE FOR OFFICIAL FEDERAL PURPOSES,” or other similar notation on the front or back of the license, as a List B identity document will that show I knew or should have known that my employee is not authorized to work? The fact that an employee presents or an employer accepts as a List B identity document a driver’s license that meets Form I-9 requirements but contains "FEDERAL LIMITS APPLY," “NOT ACCEPTABLE FOR OFFICIAL FEDERAL PURPOSES,” or other similar notation on the front or back of the license, does not, in and of itself, support a conclusion that the employer had actual or constructive knowledge (i.e. knew or should have known) that an employee is not employment authorized. Under DHS regulations (8 CFR 274a.1(l)), whether an employer is considered to have actual or constructive knowledge that an employee is not authorized to work is determined on a case-by-case basis and depends upon all of the facts and variables specific to the individual case. Under 8 CFR 274a.1(l), a knowing hire violation can include, in addition to actual knowledge of unlawful status, constructive knowledge that may be fairly inferred through notice of certain facts and circ*mstances, which would lead the employer through the exercise of reasonable care, to know about a certain condition. Knowledge that an employee is unauthorized may not be inferred from an employee’s foreign appearance or accent. Last Reviewed/Updated: 05/19/2015 Can I refuse to accept a driver’s license that includes the notation "FEDERAL LIMITS APPLY," “NOT ACCEPTABLE FOR OFFICIAL FEDERAL PURPOSES,” or other similar notation on the front or back of the license and ask my employee to provide a different document? No.You must accept any document that satisfies Form I-9 requirements. You may reject a document if it does not reasonably appear to be genuine or to relate to the employee.Rejecting a document that satisfies Form I-9 requirements may constitute illegal discrimination under the Immigration and Nationality Act’s anti-discrimination provision or Title VII of the Civil Rights Act of 1964. Employees presenting a driver’s license for identification purposes must also present a List C document to show work authorization. Last Reviewed/Updated: 05/19/2015 I understand that some states, such as California, issue certain types of driver’s licenses, driver authorization cards, or driver privilege cards to individuals who do not present evidence of lawful presence in the United States. If I recognize a… I understand that some states, such as California, issue certain types of driver’s licenses, driver authorization cards, or driver privilege cards to individuals who do not present evidence of lawful presence in the United States. If I recognize a driver’s license or card presented to me for Form I-9 List B purposes as this type of license or card, should I still accept it? Yes. Form I-9 requirements do not distinguish between different types of driver’s licenses or cards. If the license or card reasonably appears to be genuine and to relate to the individual, and otherwise meets Form I-9 requirements (contains a photograph or identifying information such as name, date of birth, sex, height, color of eyes, and address), it should be accepted. If the employer accepts any document, including a state-issued license with a limiting notation, as a List B document, the employer must also examine a List C document establishing employment authorization. The fact that an employee presents or an employer accepts a List B identity document such as a driver’s license or card that meets Form I-9 requirements but is a license or card issued by a state that does not require evidence of lawful presence in the United States, does not, in and of itself, support a conclusion that the employer had actual or constructive knowledge (i.e. knew or should have known) that an employee is not employment authorized. Under DHS regulations (8 CFR 274a.1(l)), whether an employer is considered to have actual or constructive knowledge that an employee is not authorized to work is determined on a case-by-case basis and depends upon all of the facts and variables specific to the individual case. Under 8 CFR 274a.1(l), a knowing hire violation can include, in addition to actual knowledge of unlawful status, constructive knowledge that may be fairly inferred through notice of certain facts and circ*mstances, which would lead the employer through the exercise of reasonable care, to know about a certain condition. Knowledge that an employee is unauthorized may not be inferred from an employee’s foreign appearance or accent. Last Reviewed/Updated: 05/22/2015 Is a state ID card with no expiration date an acceptable List B document? A state ID card without an expiration date is an acceptable List B document if it meets the regulatory requirements (must contain a photograph or identifying information) and appears to be genuine and to relate to the person presenting it. Last Reviewed/Updated: 11/25/2014 Is the Nexus card an acceptable document? The NEXUS card is an acceptable List B #2 document. Last Reviewed/Updated: 03/27/2014 Can the Certificate of Indian Status, commonly referred to as the status card or INAC card, be used as a Native American tribal document for Form I-9 purposes? No. The Canadian government issues the INAC cards. These cards are not acceptable for Form I-9 purposes. Last Reviewed/Updated: 03/27/2014 Is a Mexico Consular ID Card an acceptable document for the Form I-9? No. The Mexican government issues consular ID cards to Mexican nationals living in the United States. These cards are not acceptable proof of identity for Form I-9. Last Reviewed/Updated: 03/27/2014 Is a state-issued temporary driver’s license an acceptable List B document? A state-issued temporary driver’s license is an acceptable Form I-9 List B document if it contains a photograph or identifying information such as name, date of birth, gender, height, eye color, and address. Any conditions on the temporary driver’s license, such as that the expired license must accompany the temporary driver’s license for it to be valid, must be followed. Last Reviewed/Updated: 11/25/2014 Is a Trusted Traveler card, or SENTRI card an acceptable document for Form I-9 purposes? SENTRI cards, also known as Trusted Traveler cards, are acceptable under List B, #2 as an ID card issued by a federal agency. SENTRI cards are issued by Customs and Border Protection (CBP). Last Reviewed/Updated: 03/27/2014 Does a state-issued enhanced driver’s license qualify as a List A document? No, the enhanced driver’s license is a List B document. Last Reviewed/Updated: 03/27/2014 Is the Armed Forces of the United States Report of Transfer or Discharge (DD-214) an acceptable document for Form I-9? The DD-214 is an acceptable List B #5 document for Form I-9. Last Reviewed/Updated: 03/27/2014 My employee provided a school ID. When does a school ID expire? If the school ID contains no expiration date other than the school year, it expires at the end of the school year printed on it. Last Reviewed/Updated: 03/27/2014 May I make a copy of a military ID for Form I-9 documentation? You may make a photocopy of the military ID card for Form I-9 purposes. Under the Immigration and Nationality Act governing the Form I-9 process, the copying of documentation is permitted. Last Reviewed/Updated: 03/27/2014 Top
