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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?


  • 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.

  • Not the question but the big thing is having an I-9 with no obvious missing required fields for every active employee. The key is if you are audited you want the auditors to never come back from lunch. At least once a year, bring a temp in and make sure that you have a "valid" I-9 for every current employee. An alpha binder works great. Yes, there is a rule that you need to keep the I-9 xxx days after termination, which is fine, but if you already passed the big test (the one I mentioned first), the chances the auditors are going to dig in and look for the small stuff is poor. If you fail the first test, you are fired, and have no real interest in what the auditors turn up later on.

    Some people put the I--9 in the personnel file. BAD IDEA. Get the I-9s together and do not let ICE auditors dumpster dive your personnel files.

  • 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.

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