I-9 Documents: What’s Acceptable and Best Practices

Between changing rules, remote verification, multiple reviewers, and tight deadlines, it’s easy for even experienced HR teams to slip up and make errors when accepting documents for Section 2 for the Form I-9 process. Let’s walk through what you need to know to keep your process clean, consistent, and audit ready.

Top Takeaways for HR

• Employers are strictly prohibited from directing or suggesting which documents an employee should provide (e.g., asking for a "Driver's License and Social Security Card"); steering them toward specific documents, even for convenience, can be flagged as a discriminatory practice.
• Employers must physically examine original, unexpired documents; accepting scans or photocopies outside of a specific, E-Verify-authorized remote inspection workflow, is a primary cause of audit failures.
• Collecting more documents than required (e.g., recording a Passport and a Social Security card) is a common compliance error, which can trigger penalties just as easily as missing information.

What Are I-9 Acceptable Documents?

Good question. If you’ve ever had a new hire ask what they should provide during the verification appointment, then you’re not alone. Here’s the simple answer: I-9 documents are the proof employees provide to establish both identity and authorization to work, and they generally come from the Lists of Acceptable Documents.

Just as important, employees must choose which documents to present. Even if they ask for guidance, you can’t direct or influence their decision by suggesting what documents they bring. The employee must decide on their own what documents to present. Here’s a breakdown of Form I-9 acceptable documents:

List A – Documents that establish both identity and work authorization

Employees only need ONE document from this list:

• U.S. Passport or Passport Card
• Permanent Resident Card, I-551 (Green Card)
• Employment Authorization Document I-755 (EAD)

List B – Documents that establish identity only

Must be paired with a List C document:

• Driver’s license
• State ID card
• School ID with photo

Note: E-Verify employers must only accept List B documents with photos.  

List C – Documents that establish work authorization only

Must be paired with a List B document:

• Social Security card (unrestricted)
• U.S. birth certificate
• Certificate of citizenship or naturalization

I-9 Acceptable Documents Table 

Employees must provide either one List A document OR one from List B plus one from List C—no more, no less.  

Best Practices for I-9 Document Compliance

The main objective of Form I-9 compliance is to ensure identity and work authorization for any of your W-2 payroll employees. It’s also about staying organized, avoiding legal issues, and creating a smooth and seamless onboarding experience. Here are best practices every HR team should follow:

1. Let Employees Choose Their Documents

This point is mentioned over and over again for a reason. It’s tempting to ask for a driver’s license and Social Security card because they’re common. But the law clearly states that the employee must choose what to present, as long as the documents are on the official list. Steering an employee toward specific documents, even if done so with good intentions, can be seen as discriminatory.

2. Only Accept Original Documents

Photocopies aren’t acceptable, except for a certified copy of a birth certificate. You (or an I-9 authorized representative) need to review original, unexpired documents - either in person or through a compliant remote verification process.

3. Stick to Required Deadlines

• Section 1: Completed by the employee on or before the first day one of employment
• Section 2: Completed within three business days after the employee starts

Both Section 1 and Section 2 can be completed before the employee’s first day, but not before an offer is accepted.  

These deadlines are strict and non-negotiable, and one of the most common audit findings.

4. Perform Regular Internal Audits

Even the most experienced HR teams run into issues from time to time. Regular internal mock I-9 audits can help you catch:

• Missing signatures
• Incorrect dates
• Outdated forms

5. Store Forms Securely

I-9 forms can be stored physically or electronically, but:

• Keep I-9s separate from personnel files
• Retain for 3 years after hire OR 1 year after termination (whichever is later)

Download OutSolve's I-9 Document checklist for a list of what’s acceptable, best practices, what to do if a document looks questionable, and more.

HR Pro Tip: If I-9 tracking is still manual, this is where things tend to fall through the cracks. Many HR teams are working with HR Compliance as a Service (HR CaaS) partner to automate reverification reminders, standardize processes, and stay audit-ready without adding more to their plate.

HR IRL: An HR manager at a growing company allowed remote hires to submit scanned IDs over email to speed up onboarding. Months later, an internal audit revealed multiple noncompliant I-9s because original documents were never verified. The team had to scramble to reverify employees, something that could have been avoided with a compliant remote verification process in place.

Common Mistakes and How to Avoid Them

Even experienced HR professionals make mistakes! Here are some common errors to watch for when examining documents and how to stay clear of them:

• Accepting expired or incorrect documents: Check the expiration dates carefully. The documents must be valid on the day you examine them.
• Missing or incomplete fields: Each section must be completely filled out and signed by the right person. Any missing fields or signatures are potential compliance issues.
• Missing reverification deadlines: If an employee’s work authorization has an expiration date, then you must reverify before it expires. Use automatic reminders to flag these dates and ensure you are staying compliant.
• Using outdated forms: The DHS periodically updates the form and requires the latest form to be used.
• Overdocumentation: Only collect what’s required, no more or no less. Employers can run into a compliance issue if they don’t have the required amount of I-9 documents per form but can also run into issues if they have more than required.

Remote and Electronic I-9 Considerations

With remote and hybrid work still prevalent, I-9 processes have changed. Employers enrolled in E-Verify may complete remote document inspection under specific guidelines, including live video review of original documents.

There are also electronic I-9 systems can help you:

• Ensure forms are complete and accurate
• Maintain audit trails
• Automate reverification reminders

For many HR teams, these tools are becoming essential, especially when preparing for audits or scaling hiring efforts. Just make sure any system you use aligns with DHS requirements.

“I-9 compliance isn’t just about completing a form—it’s about building a defensible process. The organizations that get it right are the ones that treat compliance as an ongoing discipline, not a one-time task.” Desiree Throckmorton, VP I-9 Operations at OutSolve.

What I-9 Compliance Means for Your Organization

You’re already juggling a lot in your HR role, and I-9 compliance is one area you can’t afford to let slip. When managed well, it becomes a seamless part of onboarding. When it’s not, it can quickly turn into audit exposure.

That’s why many companies are moving toward an HR compliance as a service (HR CaaS) approach, partnering with experts to handle the complexity, reduce manual work, and ensure consistency across the board.

Looking to take one more thing off your plate? OutSolve can help you streamline I-9 compliance, reduce risk, and stay audit-ready—whether your workforce is onsite, remote, or hybrid.