An expired passport cannot be used for Form I-9. Federal regulations require every document presented for employment eligibility verification to be unexpired when the employer examines it, and U.S. passports get no exception. Foreign passports follow the same rule, with one narrow carve-out for passports that carry a valid U.S. immigration endorsement. If your passport has lapsed, plan on bringing a different combination of documents to your first day of work.
Why the Rule Is Absolute
Since February 2009, the Department of Homeland Security has required that every document accepted for Form I-9 be unexpired at the time of examination. The regulation at 8 CFR 274a.2(b)(1)(v) puts it in one line: “Only unexpired documents are acceptable.”1Federal Register. Documents Acceptable for Employment Eligibility Verification The rule reaches across all three document lists on the form. There is no carve-out for passports, no grace period, and no discretion for the employer to accept one anyway.
Before that rule took effect, some expired documents could still be used to prove identity. That’s no longer true. A lapsed U.S. passport or passport card won’t work as a List A document (which covers both identity and work authorization on its own), and it won’t work as a List B identity document paired with something else. The same goes for an expired foreign passport presented without an immigration endorsement.
The One Exception: Foreign Passports With Immigration Endorsements
A foreign passport can still function as a List A document when a U.S. immigration endorsement is stamped or attached to it. In these cases the validity period tracks the endorsement, not the passport’s printed expiration date. That’s the only real crack in the expired-passport rule.
- Temporary I-551 stamp. USCIS places this stamp in the passports of lawful permanent residents as temporary proof of status. The passport remains a valid List A document until the stamp expires. If the stamp has no printed expiration date, it’s treated as valid for one year from the date of admission.2U.S. Citizenship and Immigration Services. Lawful Permanent Residents (LPR)
- Machine-readable immigrant visa (MRIV). Most MRIVs include language stating the visa serves as temporary I-551 evidence for one year, running from the date of admission to the United States rather than the date printed on the passport.2U.S. Citizenship and Immigration Services. Lawful Permanent Residents (LPR)
- Form I-94 with a work endorsement. A foreign passport accompanied by a Form I-94 Arrival-Departure Record that endorses nonimmigrant status and authorization to work for a specific employer also qualifies as a List A document.3U.S. Citizenship and Immigration Services. Form I-9 Acceptable Documents
The practical upshot: if you’re a lawful permanent resident whose foreign passport is past its printed expiration date but whose I-551 stamp is still current, that passport is still acceptable for I-9. Once the stamp expires, you’ll need to present something else.
What To Bring Instead
An unexpired U.S. passport is the most convenient I-9 document because a single item handles both identity and work authorization. When that’s off the table, you’ll need one List B document to prove identity and one List C document to prove you can work. Any acceptable pairing satisfies Section 2.
List B: Identity
- State driver’s license or ID card, containing a photograph or identifying details like name, date of birth, and address. This is the most common choice.
- Federal, state, or local government-issued ID card with a photo or identifying information.
- U.S. military card or dependent ID. Active duty, reserve, and dependent cards all qualify.
- School ID with a photograph, acceptable for employees of any age.
- Voter registration card, accepted without a photograph.
- Canadian driver’s license, specifically listed as acceptable.
Every List B document must be unexpired.4U.S. Citizenship and Immigration Services. List B Documents That Establish Identity
List C: Work Authorization
- Unrestricted Social Security card. The card cannot say “NOT VALID FOR EMPLOYMENT” or “VALID FOR WORK ONLY WITH DHS AUTHORIZATION,” and it cannot be laminated.
- U.S. birth certificate, an original or certified copy with an official seal from a state, county, or municipal authority.
- Consular Report of Birth Abroad (FS-240) or Certification of Birth Abroad (FS-545, DS-1350), for U.S. citizens born overseas.
- Certificate of Naturalization (Form N-550 or N-570), for naturalized citizens.
The most common pairing in practice is a state driver’s license plus an unrestricted Social Security card.5U.S. Citizenship and Immigration Services. List C Documents That Establish Employment Authorization If you’re a U.S. citizen whose passport has expired, that combination is usually the fastest way through Section 2.
The Receipt Rule Doesn’t Save an Expired Passport
You may have heard that a receipt for a passport application can stand in temporarily. It can, but only in a specific situation. The receipt rule covers replacements of documents that were lost, stolen, or damaged. It does not cover routine renewal of a passport that expired on its own. A first-time application doesn’t qualify either.6U.S. Citizenship and Immigration Services. Receipts
When the rule does apply, the receipt is valid for 90 days from your first day of work, and you must present the actual replacement document before that window closes. Your employer cannot accept a second receipt if the replacement doesn’t arrive in time, and receipts aren’t accepted at all for jobs lasting fewer than three business days.7U.S. Citizenship and Immigration Services. Acceptable Receipts If your passport simply expired, skip the receipt path and bring the List B and List C combination described above.
Your Employer Can’t Demand a Passport
You choose which acceptable documents to present. Your employer must accept any document or combination that reasonably appears genuine and relates to you. They cannot insist on a U.S. passport, ask for a “better” document, or reject valid documents based on a hunch.8U.S. Citizenship and Immigration Services. Employee Rights
Singling out employees for extra scrutiny based on national origin, ethnicity, or perceived immigration status violates federal anti-discrimination provisions. If a manager tells you to bring a U.S. passport to “prove” citizenship, or demands a DHS-issued document because of how you look or sound, that request is unlawful.9U.S. Citizenship and Immigration Services. Instructions for Form I-9, Employment Eligibility Verification A driver’s license and Social Security card are as valid as a passport for a U.S. citizen.
If Your Passport Expires After You’re Already Hired
The rules above govern documents you present when you’re first hired. If you’re already employed and used a U.S. passport for your original I-9, its later expiration does not require any action. Reverification applies only to work authorization, not to identity, and U.S. citizens and noncitizen nationals have permanent work authorization regardless of whether their passport lapses.10U.S. Citizenship and Immigration Services. Reverifying Employment Authorization for Current Employees
The picture changes when work authorization was tied to a specific document, such as a foreign passport carrying a temporary I-551 stamp. In that case your employer must reverify by the stamp’s expiration date using Supplement B of Form I-9.11U.S. Citizenship and Immigration Services. Completing Supplement B, Reverification and Rehires You can present any List A or List C document showing continued authorization; your employer cannot require the same type you used the first time.
One practical note for new hires: if you can’t produce acceptable documents within three business days of your start date, your employer may have to end the employment to avoid liability. Sorting your documents before day one is the surest way to avoid that outcome.