Page 21 - Handbook for Employers - Guidance for Completing Form I-9

3. If an employee presents the arrival portion of INA § 289 (and, if applicable, 8 CFR § 289.2), their
Form I-94/Form I-94A Arrival Departure Record tribal membership cards issued by a Canadian First
containing an unexpired temporary I-551 stamp and Nation, or INAC cards issued by the Government
a photograph of the individual, this combination of Canada, cannot, by themselves, establish work
of documents is an acceptable List A receipt for the authorization.
Permanent Resident Card. The employee must present
their Permanent Resident Card to the employer no For E-Verify Employers:
later than when the stamp expires, or one year after
the issuance date of the Form I-94 if the stamp does Section 403 of the E-Verify authorizing statute requires
not contain an expiration date. that all List B documents must contain a photograph.
This includes Native American tribal documents
NOTE: If USCIS has approved the employee’s application presented as a List B document. If the employee’s
to adjust status to that of a lawful permanent resident, but Native American tribal document does not contain
the employee has not yet received their initial Permanent a photograph, you should request the employee
Resident Card, they can get temporary evidence of provide a List B document with a photograph. The
permanent resident status at a local USCIS field office. Native American tribal document is acceptable as the
employee’s List C document. Your employee may also
Native Americans choose to provide a List A document in place of a List B
and List C document.
A Native American tribal document establishes both
identity and employment authorization on Form Refugees and Asylees
I-9. If an employee presents a Native American tribal
document, you do not need any other documents from Refugees and asylees are authorized to work because of
the employee to complete Section 2. To be acceptable for their immigration status. When completing Form I-9,
Form I-9 purposes, a Native American tribal document the refugee or asylee should indicate “alien authorized
must be issued by a tribe recognized by the U.S. federal to work” in Section 1 of Form I-9. Since refugees and
government. Members of federally recognized tribes asylees are authorized to work indefinitely because of
who are LPRs, aliens authorized to work, and noncitizen their immigration status, a refugee or asylee should enter
nationals may have a Native American tribal document “N/A” on the expiration date line in Section 1.
issued by such tribes. Because federal recognition of
tribes can change over time, you may check the Bureau Many refugees and asylees may choose to present an
of Indian Affairs website at bia.gov to determine if the unexpired EAD (Employment Authorization Document,
tribe is federally recognized. Form I-766). However, neither refugees nor asylees
are required to present an EAD to meet Form I-9
The following documents are not considered Native requirements. They may present other acceptable
American tribal documents for Form I-9 purposes and documents for Form I-9, such as Form I-94/Form I-94A
cannot be used for either List B or List C: indicating refugee or asylee status. They may also present
• A tribal membership document issued by a Canadian List B and List C combinations, such as a state-issued
First Nation such as a Canadian Indian tribe, rather driver’s license and an unrestricted Social Security card.
than a U.S. Indian tribe, including a U.S. Indian
tribe that grants membership and issues tribal In addition, refugees and asylees may present an expired
membership documents to Canadian nationals EAD with Form I-797C Notice of Action from USCIS for
Form I-765, Application for Employment Authorization
• A Certificate of Indian Status (commonly referred to if Form I-797C lists the same employment authorization
as an “INAC card”) issued by Aboriginal Affairs and category as the expired EAD. This combination is
Northern Development Canada (formerly known as considered an unexpired employment authorization and
Indian and Northern Affairs Canada, or “INAC”)
identity document (List A) and is valid for up to 180
days after the “card expires” date on the face of the EAD.
While individuals who possess such documents might
possibly qualify for employment authorization under

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