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1-9 Question

I have a manager that listed a new hire's passport under List A on the I-9 and also listed his DOT license under List B. Since the ID from List B is not needed - should it not even be listed, or does it not matter?


  • rrupert
    rrupert ✭✭✭

    Doesn't matter that I know of....I wouldn't redo the I-9 just for that -- I'd probably just cross out the unneeded information. And then remind the manager of the correct way to have it filled out.

    There is more an issue with incomplete information than with extra information.

  • The employee is to present documents - the employee chooses which documents to present. If the employee presents a passport that appears to be valid, the person examining the documents cannot ask for additional documents, If the employee presents a document from list B and one from list C that appear valid, the examiner cannot ask for additional or different documents. Asking for additional or different documents is document abuse and can lead to sanctions for the employer.

    However, if the employee presents more documents than necessary and the examiner views them, I don't see any reason not to document what was examined except that it might imply the examiner asked for the additional documents. Crossing off the additional document does not change the fact that it was presented and examined. As long as the additional document was not requested, there should not be a problem.

    In the case given, where the passport was presented and the DOT license was also presented, the DOT license may have been required outside of the I-9 requirements - for example, where the employee is being hired as a driver - In that case, the DOT license should have been documented separately for the job requirements and the I-9 should not be used for other employment documentation purposes.

    Note that if the employer is using e-verify, the employee's Social Security number is required, but the employee does not have to present the Social Security card for I-9 documentation purposes. For example, the employee presents a passport and writes the employee's Social Security number on the I-9, but does not have to present the Social Security card for examination.
    When the employee fills out Form W-4, the employer may ask to see the Social Security card for that purpose.