New I-9 Handbook for Employers - Immigration Lawyer

1413. Q. Why is a Canadian driver's licenseacceptable as a List B document andnot a Mexican driver's license?A. The United States-Canada Free-TradeAgreement and other reciprocalagreements between these 2 countriesform the basis for accepting a Canadiandriver's license as a List B identitydocument. No such reciprocal agreementscurrently exist between the United Statesand Mexico that would allow or permit theuse of a Mexican driver's license as a ListB identity document.17. Q. Some people are presenting me withprintouts from the Social SecurityAdministration with their name, SocialSecurity Number, date of birth, andtheir parents' names. May I acceptsuch printouts in place of a SocialSecurity Card as evidence ofemployment eligibility?A.No. Only a person's official Social SecurityCard is acceptable.18. Q. What should I do if persons presentSocial Security Cards marked "NOTVALID FOR EMPLOYMENT," but state14. 0. May I accept an expired document? they are now authorized to work?15. Q.A. You may accept an expired United StatesPassport. You may also accept an expireddocument from List B to establish identity.However, the document must reasonablyappear on its face to be genuine and torelate to the person presenting it. Youcannot accept any other expireddocuments.A.16. Q.A.How can I tell if an INS-issueddocument has expired?Some INS-issued documents, such asprevious versions of the Alien RegistrationReceipt Card (I-151 and I-551), do nothave expiration dates and are validindefinitely. However, the 1989 revisedversion of the Alien Registration ReceiptCard (I-551), which is rose-colored withcomputer readable data on the back,features a 2-year or 10-year expirationdate. Other INS issued documents, suchas the Temporary Resident Card (I-688)and the Employment Authorization Card(I-688A or I-688B) also have expirationdates. These dates can be found either onthe face of the document or on a stickerattached to the back of the document.Some people are presenting me withSocial Security Cards that have beenlaminated. May I accept such cards asevidence of employment eligibility?You may not accept a laminated SocialSecurity Card as evidence of employmenteligibility if the card states on the back "notvalid if laminated." Lamination of suchcards renders them invalid. Metal orplastic reproductions of Social SecurityCards are not acceptable.A.19. Q.A.20. Q.A.You should ask them to provide anotherdocument to establish their employmenteligibility, since such Social Security Cardsdo not establish this.What should I do if one of myemployees tells me that his or herSocial Security Number is invalid?You should tell the employee to get aproper Social Security Number bycompleting a Form SS-5. This form isavailable from the Social SecurityAdministration. You do not need to amendyour employment tax returns. However,when the employee gives you the newnumber, you should file a Form W-2C withthe Social Security Administration for theyears in which you reported income andwithholding under the incorrect number.You will not be penalized or fined for theyears during which you reportedemployees under incorrect numbers.You should also be aware that any SocialSecurity Number starting with a "9" is nota valid Social Security Number.Employees who are using such numbersshould be instructed to get a proper SocialSecurity Number using a Form SS-5.May I accept a photocopy of adocument presented by an employee?No. Employees must present originaldocuments. The only exception is that anemployee may present a certified copy ofa birth certificate.