Yes, you can use a driver’s permit for I-9 purposes. A state-issued learner’s or driver’s permit counts as a List B document, which establishes your identity. Because it doesn’t prove you’re authorized to work, you’ll need to pair it with a List C document, such as an unrestricted Social Security card or a certified U.S. birth certificate. The permit must be unexpired and issued by a state or U.S. outlying possession.1eCFR. 8 CFR 274a.2 – Verification of Identity and Employment Authorization
What Your Permit Must Look Like to Qualify
USCIS has confirmed that a state-issued temporary driver’s license is acceptable as a List B document. If the permit has a photograph, that’s enough on the identity side. If it doesn’t have a photo, which is common for paper permits, it can still work as long as it lists identifying details: name, date of birth, sex, height, eye color, and address.2U.S. Citizenship and Immigration Services. Questions and Answers
Read the permit carefully before you bring it in. Any condition printed on it has to be honored. If your permit says it’s only valid when carried with an expired license, for example, bring both documents. Your employer can only accept the permit on the terms the state itself set.2U.S. Citizenship and Immigration Services. Questions and Answers
What to Show Alongside Your Permit
Your permit only handles identity, so you also need a document from List C. The most common choice is an unrestricted Social Security card. Other options include an original or certified copy of a U.S. birth certificate, or a U.S. citizen ID card.3U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – List C Documents That Establish Employment Authorization
Check your Social Security card for restrictions before you rely on it. A card printed with “NOT VALID FOR EMPLOYMENT,” “VALID FOR WORK ONLY WITH INS AUTHORIZATION,” or “VALID FOR WORK ONLY WITH DHS AUTHORIZATION” cannot be used for I-9 purposes. If your card carries one of those labels, you’ll need a different List C document, or a single List A document that covers both identity and work authorization on its own.3U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – List C Documents That Establish Employment Authorization
Extra Rules if You’re Under 18
Most people getting a permit for the first time are minors, and there are special I-9 rules for workers under 18. A minor can present the same documents as anyone else. If a minor doesn’t have any List B document at all, a parent or legal guardian can complete Section 1 on the minor’s behalf, write “Individual under age 18” in the signature block, and fill out the Preparer and/or Translator Certification on Supplement A. The employer then writes “Individual under age 18” in the List B field of Section 2 and records the List C document the minor did provide.4U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – 4.2 Minors (Individuals Under Age 18)
There’s an important limit. If your employer uses E-Verify, that parent-guardian workaround isn’t available. A minor working for an E-Verify employer must present either a List A document or a List B document with a photograph plus a List C document. That’s exactly the situation where a permit with a photo pays off. A photo school ID is another common option for teenage workers.4U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – 4.2 Minors (Individuals Under Age 18)
If Your Permit Is Lost, Stolen, or Damaged
You can still start work if your permit is missing. Bring a receipt showing you’ve applied for a replacement, and it will be accepted for the first 90 days after your start date. Before those 90 days end, you need to present the actual replacement.5U.S. Citizenship and Immigration Services. Receipts
If the replacement hasn’t arrived in time, you have options. You can present a different List B document, or a single List A document that covers both identity and work authorization. What you can’t do is hand over a second receipt to buy more time. Your employer isn’t allowed to accept one.6U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – Acceptable Receipts
If an Employer Refuses Your Permit
If your permit is unexpired and meets the requirements, your employer has to accept it. Federal law prohibits employers from demanding specific documents or turning down documents that reasonably appear genuine. Their job is to judge whether what you present looks real and matches you, not to choose which documents they’d rather see.7U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – 4.0 Completing Section 2 – Employer Review and Verification
Insisting on extra or different documents, like demanding a passport when you’ve already produced a valid permit and Social Security card, is called an unfair documentary practice under federal immigration law. It’s a form of employment discrimination and can lead to civil penalties and back pay orders against the employer.8Office of the Law Revision Counsel. 8 USC 1324b – Unfair Immigration-Related Employment Practices If you’re told a learner’s permit “doesn’t count” even though it meets every requirement above, the problem is with the employer, not the law.