Can an employer accept an expired drivers license to establish a new hires identity for I-9 purposes?
A – Yes. However, a driver’s license can only be used to establish a new hire’s identity for I-9 purposes (Not authorization to work). It is one of a number of documents, called List B documents, that only establish identity for I-9 purposes. Q – Can an employer accept an expired United States passport to establish a new hire’s identity and authorization to work? A – Yes. An expired United States passport establishes both who the holder is, i.e., their identity, and that they are a United States citizen and therefore authorized to work in the United States. The INS Handbook for Employers states on page 14: “You may accept an expired United States Passport [for I-9 purposes].” This means that there is no reason to reverify the I-9 Form when the passport expires. Q – May an employer copy documents presented for I-9 purposes? A – The law does not require nor prohibit the copying of documents presented for I-9 purposes. As the INS Handbook for Employers states on page 15: “The law does not
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