A certified U.S. birth certificate is an acceptable document for Form I-9, but only as proof that you’re authorized to work. It doesn’t prove who you are, so you’ll need to pair your birth certificate with a second document — something like a driver’s license or state ID — that establishes your identity. Together, that combination satisfies the form.
What Counts as an Acceptable Birth Certificate
USCIS classifies a birth certificate as a “List C” document, meaning it establishes employment authorization. To qualify, it must 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 Appearance varies by state and year of birth, but the seal is non-negotiable.
The commemorative or souvenir certificate that hospitals hand out at birth doesn’t work. Those come from the hospital rather than a vital records office and have no official seal. If that’s the only one you have, you’ll need to request a certified copy from the vital records office in the state where you were born. Fees typically run between $10 and $35, depending on the state.
Two situations catch people out. If you were born in Puerto Rico, only birth certificates issued on or after July 1, 2010, are accepted.1U.S. Citizenship and Immigration Services. 13.3 List C Documents That Establish Employment Authorization And if you were born abroad to U.S. citizen parents, you won’t have a state-issued birth certificate at all. In that case, a Consular Report of Birth Abroad (Forms DS-1350, FS-545, or FS-240) issued by the U.S. Department of State serves as a separate List C document and works the same way.2U.S. Citizenship and Immigration Services. 13.0 Acceptable Documents for Verifying Employment Authorization and Identity
What You Pair It With
Because a birth certificate only proves work authorization, you also need a List B document to establish identity. Common choices include:
- A driver’s license issued by any U.S. state or territory, with a photograph or identifying information like name, date of birth, and address
- A state-issued ID card, which works the same way for I-9 purposes even if you don’t drive
- A school ID card with a photograph
- A voter registration card
- A U.S. military card or draft record
The full List B appears on the Form I-9 itself and on the USCIS website.3U.S. Citizenship and Immigration Services. Form I-9 Acceptable Documents One caveat for employers enrolled in E-Verify: E-Verify requires the List B document to include a photograph, which narrows the options.4E-Verify. E-Verify and Form I-9
Here’s the part most new hires miss: your employer cannot tell you which documents to bring. You choose which acceptable documents to present, and the employer must accept anything that reasonably appears genuine and relates to you.5U.S. Citizenship and Immigration Services. 4.0 Completing Section 2 – Employer Review and Verification An employer who insists you produce a specific document, like a passport instead of the birth certificate you offered, is committing document abuse and can face civil penalties.6U.S. Citizenship and Immigration Services. Penalties
You could also skip the birth certificate entirely by presenting a single List A document, like a U.S. passport, that covers identity and work authorization in one. But not everyone has a passport, and a birth certificate paired with a driver’s license is one of the most common combinations employers see.
If Your Birth Certificate Hasn’t Arrived Yet
Starting a new job before a replacement birth certificate shows up is more common than you’d think. USCIS handles this through the receipt rule: if you’ve applied for a replacement document that was lost, stolen, or damaged, you can present the receipt from the issuing agency as a temporary stand-in.7U.S. Citizenship and Immigration Services. Acceptable Receipts
The receipt is valid for 90 days from your hire date. Within that window, you have to present the actual replacement birth certificate. If it still hasn’t arrived by day 90, you have an option: present any other acceptable List C document, or a single List A document, instead. Your employer cannot extend the 90-day period or accept a second receipt.7U.S. Citizenship and Immigration Services. Acceptable Receipts
One limit: the receipt rule doesn’t apply if your job will last fewer than three business days. For those short assignments, the actual document has to be on the table on day one.
What Happens After You Hand It Over
Your employer or an authorized representative examines the documents and completes Section 2 of the form within three business days of your first day of work. If the job lasts fewer than three business days, Section 2 must be finished on day one.8U.S. Citizenship and Immigration Services. Instructions for Form I-9, Employment Eligibility Verification
The employer records information from the driver’s license (or other List B document) in the center column and the birth certificate in the right-hand List C column: document title, issuing authority, document number if any, and expiration date. Birth certificates don’t expire, so that field stays blank. The List A column on the left stays blank whenever you’re presenting a List B and List C combination.5U.S. Citizenship and Immigration Services. 4.0 Completing Section 2 – Employer Review and Verification
Employers who participate in E-Verify in good standing may examine documents remotely: you send copies of the front and back, then show the originals on a live video call. Employers not enrolled in E-Verify must examine documents in person.9U.S. Citizenship and Immigration Services. Remote Examination of Documents (Optional Alternative Procedure to Physical Document Examination)
When Names Don’t Match
A common snag: the name on your birth certificate doesn’t match the one on your driver’s license, often because of a marriage or another legal name change. A name mismatch alone isn’t grounds for rejection. As long as both documents reasonably appear to relate to you, the employer should accept them and can note the discrepancy in the Additional Information field in Section 2. If a current employee’s identity information changes later, the employer records the update using Supplement B.10U.S. Citizenship and Immigration Services. Recording Changes of Name and Other Identity Information for Current Employees If the name change is behind the mismatch, bringing a marriage certificate or court order along can smooth the conversation, though the I-9 itself doesn’t require it.