Immigration Reform and Control Act

Documents That Establish Identity and Work Authorization

The federal regulations identify the following documents as establishing both identity and work authorization:

The regulations further identify the following documents as establishing identity only:

• (1)
  For individuals 16 years of age or older:

  • (i)
    A driver's license or identification card containing a photograph, issued by a state (as defined in section 101(a)(36) of the Act) or an outlying possession of the United States (as defined by section 101(a) (29) of the Act). If the driver's license or identification card does not contain a photograph, identifying information shall be included such as: name, date of birth, sex, height, color of eyes, and address;
  • (ii)
    School identification card with a photograph;
  • (iii)
    Voter's registration card;
  • (iv)
    U.S. military card or draft record;
  • (v)
    Identification card issued by federal, state, or local government agencies or entities. If the identification card does not contain a photograph, identifying information shall be included such as: name, date of birth, sex, height, color of eyes, and address;
  • (vi)
    Military dependent's identification card;
  • (vii)
    Native American tribal documents;
  • (viii)
    United States Coast Guard Merchant Mariner Card;
  • (ix)
    Driver's license issued by a Canadian government authority.
• (2)
  For individuals under age 18 who are unable to produce a document listed in paragraph (b)(1) (v)(B)(1) of this section, the following documents are acceptable to establish identity only:

  • (i)
    School record or report card;
  • (ii)
    Clinic doctor or hospital record;
  • (iii)
    Daycare or nursery school record.
• (3)
  Minors under the age of 18 who are unable to produce one of the identity documents listed in paragraph (b)(1)(v)(B)(1) or (2) of this section are exempt from producing one of the enumerated identity documents if:

  • (i)
    The minor's parent or legal guardian completes on the Form I-9 Section 1—“Employee Information and Verification” and in the space for the minor's signature, the parent or legal guardian writes the words, “minor under age 18.”
  • (ii)
    The minor's parent or legal guardian completes on the Form I-9 the “preparer/translator certification.”
  • (iii)
    The employer or the recruiter or referrer for a fee writes in Section 2—“Employer Review and Verification” under List B in the space after the words “Document Identification #” the words, “minor under age 18.”
• (4)
  Individuals with handicaps, who are unable to produce one of the identity documents listed in paragraph (b)(1)(v)(B)(1) or (2) of this section, who are being placed into employment by a nonprofit organization, association or as part of a rehabilitation program, may follow the procedures for establishing identity provided in this section for minors under the age of 18, substituting where appropriate, the term “special placement” for “minor under age 18,” and permitting, in addition to a parent or legal guardian, a representative from the nonprofit organization, association or rehabilitation program placing the individual into a position of employment, to fill out and sign in the appropriate section, the Form I-9. For purposes of this section the term individual with handicaps means any person who

  • (i)
    Has a physical or mental impairment which substantially limits one or more of such person's major life activities,
  • (ii)
    Has a record of such impairment, or
  • (iii)
    Is regarded as having such impairment.

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