To fill out Form I-9 with a birth certificate, record it in the List C column of Section 2: write “Birth Certificate” as the document title, enter the issuing authority from the certificate’s official seal, copy the state file or registration number into the document number field, and put “N/A” in the expiration date field. Because a birth certificate only establishes work authorization, the employee must also present a List B identity document (typically a driver’s license or state ID), which gets recorded in the List B column of the same section.
Which Birth Certificates Qualify
The certificate has to be an original or certified copy issued by a state, county, municipal authority, or U.S. territory, and it must bear an official seal.1U.S. Citizenship and Immigration Services. 13.3 List C Documents That Establish Employment Authorization The seal is what separates a government-certified record from the souvenir certificate hospitals often give new parents. A hospital certificate with footprints and the delivering doctor’s signature looks official but is not issued by a vital records office and will be rejected.
Puerto Rico certificates have their own rule. Only certified copies issued on or after July 1, 2010, are acceptable; older Puerto Rican birth certificates were invalidated after October 30, 2010, due to fraud concerns. An employee born in Puerto Rico who holds only a pre-2010 certificate needs to request a new one from Puerto Rico’s Vital Statistics Office before the I-9 can be completed.2U.S. Citizenship and Immigration Services. Effects of Invalid Puerto Rico Birth Certificates on the Form I-9 Process
U.S. citizens born abroad may present a Consular Report of Birth Abroad (Form FS-240) or a Certification of Birth (Forms DS-1350 or FS-545) issued by the State Department. These also qualify as List C documents and are recorded the same way.1U.S. Citizenship and Immigration Services. 13.3 List C Documents That Establish Employment Authorization
The Identity Document That Must Come With It
A birth certificate proves the person named on it is authorized to work in the United States. It does not prove that the person holding it is the person named on it. That is why federal rules require a List B identity document alongside it.3U.S. Citizenship and Immigration Services. 13.0 Acceptable Documents for Verifying Employment Authorization and Identity The most common pairings are a state driver’s license or state-issued photo ID. Other acceptable List B documents include a school ID with a photo, a voter registration card, a U.S. military card, or a Native American tribal document. The List B document must be unexpired.
If the employee can present a single List A document instead, such as a U.S. passport, that covers both identity and work authorization, and the birth certificate is no longer needed.
Employees Under 18
A minor who lacks a standard List B document has an alternative. A parent or legal guardian can establish identity by completing Section 1 on the minor’s behalf, writing “Individual under age 18” in the signature block, and filling out the Preparer and/or Translator Certification on Supplement A. The employer then writes “Individual under age 18” in the List B column and records the birth certificate details in List C as usual.4U.S. Citizenship and Immigration Services. Minors (Individuals under Age 18) Employers enrolled in E-Verify cannot use this workaround; the minor must present a List B document with a photograph or a List A document instead.
What Goes in Each List C Field
The employer or authorized representative completes Section 2 within three business days of the employee’s first day of work for pay. If the job will last fewer than three days, Section 2 must be finished on the first day.5U.S. Citizenship and Immigration Services. Completing Section 2, Employer Review and Attestation The birth certificate information goes in the List C column on the right side of the form.
- Document Title: Write “Birth Certificate” or use the title as it appears on the document. Common abbreviations such as “BC” are acceptable.6U.S. Citizenship and Immigration Services. 4.0 Completing Section 2 – Employer Review and Verification
- Issuing Authority: Enter the name of the government office from the official seal, such as “California Department of Public Health” or “Cook County Clerk.” State postal-code abbreviations are fine.
- Document Number: Transcribe the state file number or registration number exactly as printed, including any dashes or letters. It is usually near the top of the certificate, often in red ink or a distinct typeface, and may be labeled “State File Number,” “Registration Number,” or “Certificate Number.” If more than one number appears, use the most prominent administrative identifier printed by the vital records office.
- Expiration Date: Enter “N/A.” Birth certificates do not expire, so this field should never contain a date and should not be left blank.
At the same time, the employer enters the List B identity document details (title, issuing authority, document number, and expiration date) in the center column. The List A column stays blank when using a List B + List C combination. The employer then records the employee’s first day of employment and signs, dates, and prints their name and title in the certification block. That signature is made under penalty of perjury, affirming the documents were examined and appear genuine.5U.S. Citizenship and Immigration Services. Completing Section 2, Employer Review and Attestation
When the Certificate Has No Document Number
Older certificates and some state formats simply don’t include a printed document number. This happens more often than people expect, and it does not disqualify the certificate. If no number appears anywhere on the document, enter “N/A” in the Document Number field. The certificate is still acceptable as long as it was issued by a government vital records office and bears an official seal. Do not invent a number, and do not pull a figure from somewhere else on the document that isn’t clearly an administrative identifier.
When the Employee Doesn’t Have the Certificate Yet
An employee who has applied for a replacement birth certificate but hasn’t received it can present the receipt from the vital records office as a temporary placeholder, and the employer must accept it.7U.S. Citizenship and Immigration Services. Acceptable Receipts The receipt is valid for 90 days from the date of hire. During that window, the employer writes “Receipt” followed by the document title in the List C column of Section 2.
Once the actual certificate arrives, the employer crosses out the word “Receipt” and enters the real document information in the Additional Information field. If the 90 days pass and the certificate still hasn’t arrived, the employee can present any other acceptable List C document or a List A document. A second receipt cannot be used to extend the deadline.7U.S. Citizenship and Immigration Services. Acceptable Receipts
Name Mismatches Between the Two Documents
When a birth certificate shows a maiden name and the driver’s license shows a married name, both can still be used. The I-9 does not require List B and List C documents to display the same name. Record each document exactly as it appears and note the discrepancy in the Additional Information field of Section 2.
If an employee legally changes their name after the I-9 is already on file, update it using the “New Name” fields on Supplement B. Enter the new legal name, sign, and date that block. USCIS recommends asking the employee for documentation of the change, such as a marriage certificate, and keeping a copy with the I-9 file.8U.S. Citizenship and Immigration Services. Recording Changes of Name and Other Identity Information for Current Employees
Employers Cannot Require a Birth Certificate
The employee chooses which documents to present from the Lists of Acceptable Documents. An employer cannot tell an employee to bring a birth certificate specifically, or reject valid documents and insist on different ones.9U.S. Citizenship and Immigration Services. Instructions for Form I-9, Employment Eligibility Verification Federal law treats a document-specific demand as an unfair immigration-related employment practice when it is based on citizenship status or national origin.10Office of the Law Revision Counsel. 8 USC 1324b – Unfair Immigration-Related Employment Practices Hand every new hire the list and let them pick. If someone brings a U.S. passport instead of a birth certificate and driver’s license, record it as a List A document and move on.
Examination, Deadlines, and Retention
The person completing Section 2 must physically examine the original documents within three business days of the hire date. Photocopies, scans, and phone photos are not acceptable substitutes during this initial review. The examiner confirms the documents reasonably appear genuine and relate to the employee presenting them.5U.S. Citizenship and Immigration Services. Completing Section 2, Employer Review and Attestation For a birth certificate, that means confirming the seal is present and the name matches (or that any difference is explained by a legal name change).
Completed I-9s must be kept on file for three years after the date of hire, or one year after the date employment ends, whichever is later.11U.S. Citizenship and Immigration Services. 10.0 Retaining Form I-9 The “whichever is later” part matters. An employee who works six months and then leaves still needs their form kept for the full three years from hire, because that date is later than one year from termination. An employee who works ten years only needs the form kept one year past their last day. A current employee’s form is never disposed of while they still work for you.