How Issuing Authority Affects I-9 Acceptable Documents

Understanding Issuing Authorities in the I-9 Context

What Defines a Valid Issuing Authority

For HR teams managing I-9 compliance, understanding which government entities can issue valid documents is the foundation of proper verification. A valid issuing authority must be a recognized government entity with the legal power to issue identity and employment authorization documents. These range from federal agencies to state governments and even certain foreign authorities—each with specific document types they're authorized to produce. While state-issued driver's licenses may contain restrictive notations, these don't affect their I-9 acceptability as long as they meet identification requirements ^[2]. The key is knowing which authority can issue which document type, as detailed in the sections that follow.

Legal Framework Governing Document Issuers

The legal framework governing I-9 compliance requires every employer to verify both identity and work authorization for employees hired after November 6, 1986 ^[1]. This framework creates three distinct document categories that HR teams must navigate: List A documents that prove both identity and work authorization, List B for identity only, and List C for work authorization only. What makes this complex for HR professionals is that each category has different issuing authorities with varying requirements. State-issued documents come with their own rules—driver's licenses remain acceptable even with restrictive notations, as long as they contain the required identifying information ^[1]. Special provisions add another layer of complexity, such as Spanish-language forms for Puerto Rico employers and unique historical requirements for the Commonwealth of Northern Mariana Islands ^[1].

How Issuing Authorities Determine Document Acceptability

Each issuing authority follows specific criteria to ensure their documents meet I-9 requirements. The challenge for HR teams? These standards vary significantly between authorities and document types. Driver's licenses must include either a photograph or comprehensive identifying details—name, date of birth, sex, height, eye color, and address ^[2]. Birth certificates require physical security features like raised seals and watermarks ^[1]. While you're not expected to be a document expert, you must apply a reasonableness standard: documents should appear genuine and relate to the person presenting them ^[4]. Understanding these varying standards helps HR teams confidently verify documents from different authorities, whether they're examining a newly redesigned federal document or a state-issued ID with restrictive notations.

The Relationship Between Document Types and Their Issuers

The relationship between document types and their issuers directly impacts your verification process. Federal agencies maintain exclusive control over List A documents that prove both identity and work authorization—these high-security documents undergo regular redesigns to prevent fraud. State and local governments handle most List B identity documents, giving them flexibility in format while maintaining core requirements like photographs or detailed physical descriptions ^[2]. List C documents present unique challenges: Social Security cards come with various restrictions that can invalidate them for I-9 purposes, requiring careful review ^[5]. This layered approach means HR teams must understand not just what documents to accept, but which authority can issue them and what security features to expect. For organizations managing high-volume hiring or remote teams, platforms like WorkBright's I-9 solution automate these complex verification requirements, ensuring each document meets the standards set by its issuing authority.

Issuing Authorities for List A, B, and C Documents

Federal Issuing Authorities: DHS, USCIS, and State Department

Federal agencies control the most critical I-9 documents—and they're constantly changing the game. USCIS redesigns Permanent Resident Cards and Employment Authorization Documents every 3-5 years, but here's what catches HR teams off guard: older versions stay valid until their printed expiration dates ^[1]. The Department of State handles passports and passport cards (remember, passport cards only work for land and sea travel to Canada, Mexico, the Caribbean, and Bermuda) ^[6].

For temporary permanent residents, you'll see I-551 stamps or machine-readable immigrant visa notations—both good for one year from admission ^[6]. The newest Permanent Resident Cards? They're packed with security features: holographic images, layer-reveal technology, and photos on both sides (started January 2023) ^[6]. And when documents expire, watch for USCIS extensions through Form I-797 notices or Federal Register announcements—missing these updates could mean rejecting valid documentation ^[1].

State and Local Government Issuing Authorities

State and local governments keep things straightforward—they handle most List B identity documents. Driver's licenses and ID cards dominate this category, but they need the right elements: either a photo or specific details (name, date of birth, sex, height, eye color, and address) ^[1].

Every U.S. state and territory can issue valid documents—yes, that includes D.C., Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands ^[2]. See a restrictive notation on a license? Don't let it trip you up. As discussed in Understanding Issuing Authorities, these limitations don't affect I-9 acceptability ^[1].

Got employees under 18? State and local authorities have you covered with alternative documents: school records, report cards, and medical records all qualify for identity verification ^[2]. And for teams near the northern border, Canadian driver's licenses work too—one less headache for cross-border hiring ^[1].

Foreign Government Issuing Authorities and Their Acceptability

Foreign government documents come with extra requirements—and HR teams need to know the combinations. A foreign passport alone? Not enough. It only qualifies as a List A document when paired with Form I-94/94A showing the person's name, nonimmigrant status, and work authorization for your specific organization ^[1].

Citizens from Micronesia (FSM) and Marshall Islands (RMI) follow special rules: their passports plus Form I-94 showing Compact of Free Association admission create a valid List A combo ^[7].

Quick tip for modern hiring: Since April 2013, Form I-94 went digital at airports and seaports. Your new hires won't get automatic paper copies—they'll need to access their I-94 through the CBP website ^[1]. Missing this detail means delayed onboarding while employees scramble to find their documentation online.

Verifying Authenticity of Documents from Various Authorities

Verifying documents from different authorities doesn't require a forensics degree—but you do need a systematic approach. Whether examining documents in person or through authorized remote procedures, the goal stays the same: confirm identity and work authorization ^[1].

For E-Verify users, the system becomes your verification partner. List A documents (passports, Permanent Resident Cards, EADs) trigger photo displays from DHS records—compare them carefully. Minor variations in shading? Normal, especially with older documents. But major discrepancies? Time to dig deeper ^[1].

Document Validity Extensions and Issuing Authorities

When Documents Extended by Issuing Authorities Are Considered Unexpired

For HR teams managing I-9 compliance, keeping track of document extensions can feel like navigating a constantly shifting maze. The good news? Issuing authorities have created specific rules that help you determine when extended documents remain valid.

Employment Authorization Documents (EADs) come with built-in protection for your employees. When they file Form I-765 to renew their expiring EAD on time, USCIS grants an automatic extension of up to 540 days from the card's expiration date. To accept this extension, you'll need two key pieces: the expired EAD and a Form I-797C Notice of Action proving they filed for renewal in the same eligibility category.

Special cases require extra attention:

• Dependent spouses (category codes A17, A18, and C26 for H-4, E, and L-2 visa holders) need an unexpired Form I-94 alongside their extension documents
• Employees who received Form I-797 notices between October 27, 2023, and April 7, 2024, may qualify for extended periods beyond the initial 180 days stated on their notice

When verifying these extensions, examine the documents in person or through authorized remote procedures. Document everything carefully by entering 'EAD EXT' in the Additional Information field of Section 2, and consider keeping a copy of the relevant USCIS webpage for your records.

Automatic Extensions of Employment Authorization Documents

Understanding the mechanics of automatic EAD extensions helps HR teams avoid unnecessary work interruptions for their employees. Here's what makes these extensions work:

The 540-day lifeline: When employees file their renewal applications on time, their work authorization automatically extends from the day after their EAD expires. This generous window gives USCIS time to process renewals without forcing employees out of work.

Documentation requirements remain straightforward:

• The expired EAD showing the original eligibility category
• Form I-797C receipt notice confirming timely renewal filing
• For dependent spouses (H-4, E, and L-2), an unexpired Form I-94

A critical update for HR teams: If your employees filed renewals between October 27, 2023, and April 8, 2024, don't let the "180-day" language on their notices confuse you. They still qualify for the full 540-day extension without needing updated paperwork.

Remember, the extension ends when USCIS makes their decision or after 540 days—whichever comes first.

TPS and Other Special Cases of Issuing Authority Extensions

Temporary Protected Status (TPS) brings unique challenges for HR teams managing document extensions. Unlike standard EAD renewals, TPS extensions come through two channels that require different handling.

Federal Register extensions apply broadly to all TPS beneficiaries from designated countries. When DHS announces these extensions, they automatically extend EADs with:

• Category codes A12 or C19
• Specific expiration dates listed in the announcement

Your verification process stays simple: confirm the category code matches, then enter "EAD EXT" with the new expiration date in Section 2's Additional Information field.

Individual notice extensions require more documentation. Employees need to present:

• Their EAD (even if expired)
• The extension notice from DHS
• Matching names and A-Numbers across both documents

Here's a critical compliance point: Never ask employees to prove they're nationals of TPS-designated countries. This crosses into prohibited territory and could create discrimination issues.

An often-overlooked fact: TPS beneficiaries don't actually need EADs to work legally—their status itself provides work authorization. However, they still need to provide standard I-9 documentation like any other employee. When extension periods end, set reverification reminders, though employees can present new documents early if they prefer.

Properly Documenting Extended Authorizations in I-9 Records

Getting your documentation right for extended authorizations protects both your organization and your employees. The key lies in creating clear, consistent records that stand up to scrutiny.

Essential documentation practices:

• Always note automatic extensions in Section 2's Additional Information field
• Include specific extension types (like "EAD EXT") and new expiration dates
• For remote verification, maintain secure digital copies following authorized procedures

Your signature on the I-9 carries weight—you're attesting that documents appear genuine and match the person presenting them. You're not vouching for someone's immigration status, just confirming you've done your due diligence.

Handling complex scenarios:

• Combination documents need entries in all applicable List columns
• Receipt documentation requires Additional Information notes plus 90-day follow-up tracking
• Multiple issuing authorities (as discussed in previous sections) may require attached explanations

Virtual verification adds another layer of complexity. Whether conducting live video reviews or using authorized remote procedures, maintain the same documentation standards as in-person verification. The goal remains consistent: create an audit trail that clearly shows your compliance efforts while respecting your employees' time and privacy.

Common Challenges with Issuing Authorities

Identifying Unfamiliar or Suspicious Issuing Authorities

For HR teams, unfamiliar documents can trigger compliance anxiety. You're not expected to be document experts, but you need to make quick judgment calls about what's legitimate. The good news? The standard is simple: documents must reasonably appear genuine and match the person presenting them.

Red flags to watch for:

• Documents that look altered or tampered with
• Photos that don't match the person in front of you
• Information that seems inconsistent across documents
• Poor quality printing or obvious forgeries

When something seems off, trust your instincts. You have the right to reject suspicious documents and request alternatives from the Lists of Acceptable Documents. Remember: only originals work for I-9 verification (except certified birth certificates). Photocopies, faxes, or just writing down document numbers won't cut it.

For organizations using remote verification, the same standards apply—you're just applying them through video instead of in person. The key is maintaining clear protocols and secure documentation storage to protect both your organization and your new hires.

Handling Documents with Multiple or Ambiguous Issuing Authorities

Multiple issuing authorities on one set of documents? Welcome to the complexity of modern I-9 verification. These combination documents—think foreign passports paired with Form I-94s—require extra attention but follow straightforward rules.

Common combination scenarios:

• Foreign passport + Form I-94 (showing work authorization)
• Expired OPT EAD + endorsed Form I-20 (for F-1 students in cap-gap extension)
• Multiple documents establishing different aspects of eligibility

The trick is treating these combinations as a package deal. Record everything in the appropriate I-9 columns, but reverify based on whichever document expires first—not each individual piece. This approach saves time and prevents unnecessary reverification cycles.

Hit a snag with conflicting information between documents? Document everything with a signed, dated memo explaining the discrepancy. Your new hire doesn't need to provide extra proof—your documentation shows due diligence. This paper trail protects your organization while respecting employee rights.

Resolving Inconsistencies Between Documents and Their Issuers

Inconsistencies happen—what matters is how you handle them. When documents don't match their issuing authorities' records, your response can mean the difference between compliance and costly violations.

Section 1 errors: Hands off! Only employees or their preparers can fix these. Your job? Attach a clear explanation of what was corrected and why. No crossing out, no white-out—transparency is your compliance shield.

E-Verify mismatches: Time is critical here. You have 10 federal working days to notify employees and provide the Further Action Notice. Employees then get 8 federal working days to resolve issues with DHS or SSA. During this time, business as usual—no reduced hours, no delayed training, no adverse actions whatsoever.

Major documentation errors: Sometimes starting fresh makes sense. Create a new I-9, but always attach your explanation for the do-over. Every correction needs a paper trail showing good faith efforts to maintain accurate records.

The golden rule? Never hide mistakes. Concealing errors with correction fluid or erasures screams "red flag" to auditors and increases your liability. Clean, documented corrections show you take compliance seriously.

Resources for Verifying Legitimate Issuing Authorities

Need backup when verifying issuing authorities? USCIS has your back with resources designed for real-world HR challenges.

Your verification toolkit:

• USCIS contact center: Direct line for DHS document questions when you're stumped
• Document samples: Updated regularly to show current security features (like those holographic images on post-2023 Permanent Resident Cards)
• Quick reference guides: Essential elements checklists for common documents

State document verification made simple:
Driver's licenses need either a photo OR identifying details (name, DOB, physical characteristics). Birth certificates? Look for those raised seals, watermarks, and raised printing—as detailed in the Federal Issuing Authorities section above.

Remember, you're not training to be a forensic document examiner. Your job is applying reasonable judgment to ensure documents appear genuine and match the person presenting them. When in doubt, these resources help you make informed decisions quickly.

Best Practices for Issuing Authority Verification

Developing a Systematic Approach to Issuing Authority Verification

The only constant in HR compliance? Change. Building a systematic approach to issuing authority verification keeps you ahead of the curve. Start with clear protocols that cover every scenario your team might encounter.

For HR teams, the foundation begins with examining original documentation - either in person or through authorized remote procedures. The three-day deadline for verification isn't negotiable, but the process doesn't have to be painful. Organizations enrolled in E-Verify in good standing can leverage remote verification options, maintaining clear digital copies while conducting live video reviews ^[20].

Here's what matters: You need to apply a reasonableness standard. Documents should appear genuine and match the person presenting them. For state-issued IDs and driver's licenses, check for the essentials - either a photo or the complete set of identifying details (name, date of birth, sex, height, eye color, address) ^[19].

Managing documents from multiple authorities? Record everything in the appropriate List columns and document any discrepancies with signed, dated explanations.

Training HR Personnel on Recognizing Valid Issuing Authorities

Training your HR team to recognize valid issuing authorities doesn't require turning them into document forensics experts. It's about building confidence and consistency across your organization.

Start with the fundamentals: Only originals or certified birth certificates make the cut. No photocopies, no faxes, no document numbers scribbled on a sticky note ^[21]. Train your team to trust their instincts - if something seems off about a document, it probably is.

The reasonableness standard becomes your team's best friend. Documents need to look genuine and match the person standing in front of them. Simple as that ^[5]. For state-issued IDs, your team should know what to look for: either a clear photo or the full suite of identifying details.

When doubt creeps in? Your team should feel empowered to request alternative documents from the Lists of Acceptable Documents. No guesswork, no accepting questionable credentials ^[5].

Remember: The person examining documents owns the attestation. They're signing off that documents appear genuine - not guaranteeing someone's legal status. This distinction matters, both legally and for your team's peace of mind ^[5].

Common Mistakes in Issuing Authority Verification and Their Consequences

Mistakes in issuing authority verification can cost you - in penalties, audits, and lost time. Let's tackle the most damaging errors head-on.

Missing expiration dates and extensions. Foreign nationals' work authorization doesn't auto-renew. Miss that expiration date, and you're looking at serious compliance issues. Track those dates religiously and start reverification early ^[22].

Timing failures hit hard. Section 2 has a three-day deadline. Section 1? End of day one. No exceptions, no excuses. Late verification equals non-compliance, period ^[22].

Remote verification mix-ups create liability landmines. If someone else examines the documents, they sign Section 2. Not you, not your supervisor - the actual person who reviewed them. This attestation under penalty of perjury isn't transferable ^[22].

Document retention disasters multiply fast. Too many organizations purge I-9s early or skip audit trails in their electronic systems. The rule: three years after hire or one year after termination - whichever comes later. Storage without proper controls? That's asking for trouble ^[22].

Correction cover-ups backfire spectacularly. White-out and erasers turn innocent mistakes into federal violations. Instead, attach clear explanations for any changes. Transparency protects you; concealment condemns you ^[17].

Using Technology to Streamline Issuing Authority Verification

Technology transforms issuing authority verification from a compliance headache into a competitive advantage. Smart I-9 management systems catch errors before they happen - no more incomplete forms or transposed Social Security numbers slipping through ^[23].

The real power? Automation that works the way HR teams think. Sequential form completion keeps the process moving. Automated reminders hit inboxes before deadlines loom. Direct E-Verify integration eliminates the double-entry dance with federal databases ^[24].

What makes the difference:

• Document expiration tracking that never sleeps
• Reverification alerts that beat the calendar
• Audit trails that capture every change, every time ^[23]

For E-Verify participants in good standing, remote document examination opens new possibilities. Virtual verification through DHS-authorized procedures means geography doesn't dictate your hiring reach - just remember to apply these practices consistently across all locations ^[25].

The payoff extends beyond compliance. Centralized storage transforms reporting from a multi-day project into a five-minute task. HR directors pull compliance reports across dozens of locations instantly. New hire I-9 status? One click away ^[24].

Sure, paper might work for the corner coffee shop. But when you're hiring at scale? Automated verification becomes your safety net, your efficiency engine, and your compliance shield rolled into one ^[24].