Page 47 - Handbook for Employers - Guidance for Completing Form I-9
P. 47

any document (from List A) or combination
                     of documents (one from List B and one from   8.    Q.   My employee has presented a U.S. passport
                     List C) listed on Form I-9 and found in Part       card. Is this an acceptable document?
                     Eight of this handbook that reasonably appear   A.   Yes. The passport card is a wallet-size document
                     on their face to be genuine and to relate to the   issued by the U .S. Department of State. While
                     person presenting them.   To do otherwise could    its permissible uses for international travel
                     be an unfair immigration-related employment        are more limited than the U .S. passport book,
                     practice in violation of the anti-discrimination   the passport card is a fully valid passport that
                     provision in the INA. Individuals who look         attests to the U.S. citizenship and identity of the
                     and/or sound foreign must not be treated           bearer. As such, the passport card is considered
                     differently in the recruiting, hiring, or          a “passport” for purposes of Form I-9 and
                     verification process. Please see Part Eight of this   has been included on List A of the Lists of
                     handbook for more information on acceptable        Acceptable Documents on Form I-9.
                     documents.
                                                                 9.     Q.   Why was documentation for citizens of the
                     For more information relating to                   Federated States of Micronesia (FSM) and the
                     discrimination during the Form I-9 process,        Republic of the Marshall Islands (RMI) added
                     contact IER at 1-800-255-8155 (employers) or       to the Lists of Acceptable Documents on Form
                     1-800-237-2515 (TDD) or visit IER’s                I-9?
                     website at justice.gov/ier.

                     NOTE: An employer participating in E-Verify    A.   Under the Compacts of Free Association be-
                     can only accept a List B document with a           tween the United States and FSM and RMI,
                     photograph.                                        most citizens of FSM and RMI are eligible
                                                                        to reside and work in the United States as
                                                                        nonimmigrants. An amendment to the Compacts
              7.   Q.   What is my responsibility concerning the        eliminated the need for citizens of these two
                     authenticity of document(s) presented to           countries to obtain Employment Authorization
                     me?                                                Documents (Forms I-766) to work in the

                 A.    You must physically examine the document(s),     United States. However, FSM and RMI citizens
                    and if they reasonably appear on their face to be   may also apply for Employment Authorization
                    genuine and to relate to the person presenting      Documents (Forms I-766) if they wish, or
                    them, you must accept them. To do otherwise         present a combination of List B and List C
                    could be an unfair immigration-related              documents. The List A document specific to FSM
                    employment practice. If the document(s)             and RMI citizens is a valid FSM or RMI passport
                    do not reasonably appear on their face to be        with a Form I-94/Form I-94A indicating
                    genuine or to relate to the person presenting       nonimmigrant admission under one of the
                    them, you must not accept them.                     Compacts.
                    However, you must provide the employee with
                    an opportunity to present other documents
                    from the Lists of Acceptable Documents.




















                                                                                                              43
   42   43   44   45   46   47   48   49   50   51   52