Native American tribal documents issued by federally recognized tribes are valid for Form I-9, but they appear on List B (identity) and List C (employment authorization), not on List A. Whether a single tribal card completes the verification, or whether the employee needs to hand over a second document, depends on what they attest to in Section 1.
Where a Tribal Document Fits on the I-9 Lists
Form I-9 asks every new hire to prove both identity and work authorization.1U.S. Citizenship and Immigration Services. Form I-9, Employment Eligibility Verification Employees do that by presenting either one List A document (which covers both) or one List B document plus one List C document.
Federal regulations place Native American tribal documents on List B under 8 CFR 274a.2(b)(1)(v)(B)(vii) and, separately, on List C under 8 CFR 274a.2(b)(1)(v)(C)(4).2eCFR. 8 CFR 274a.2 – Verification of Identity and Employment Authorization They do not appear on List A.3U.S. Citizenship and Immigration Services. Form I-9 Acceptable Documents That double placement is why one card can sometimes do the job of two documents, but only sometimes.
When One Tribal Document Is Enough
If the employee attests in Section 1 that they are a U.S. citizen or a lawful permanent resident, a single tribal document satisfies both List B and List C. No second document is needed.4U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – 7.2 Native Americans
The result feels like a List A document, but the paperwork is different. The employer records the tribal document under both the List B column and the List C column of Section 2, never in the List A column. Getting that entry wrong is one of the more common errors on tribal-document I-9s.
When the Employee Also Needs a List C Document
If the employee selects “alien authorized to work” in Section 1, the tribal document counts only as List B identity. It does not prove work authorization in that status. The employee then has to add a List C document, such as an Employment Authorization Document, to show they are permitted to work.4U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – 7.2 Native Americans
The employee, not the employer, picks which documents to present. An employer cannot demand a specific document or refuse a tribal card that reasonably appears genuine and relates to the person presenting it.5U.S. Citizenship and Immigration Services. Instructions for Form I-9, Employment Eligibility Verification
What Counts as a Valid Tribal Document
For I-9 purposes, a Native American tribal document is an official membership document issued by a Native American tribe or Alaska Native community that holds federal recognition.4U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – 7.2 Native Americans The card generally shows the tribe’s name, the individual’s legal name, and security features such as holograms, watermarks, or embedded chips.
Federal recognition can change, so the current list is the one the Bureau of Indian Affairs publishes in the Federal Register.6Federal Register. Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs Documents from tribes or communities without federal recognition are not acceptable.
Canadian First Nation Cards Do Not Qualify
Membership cards issued by Canadian First Nations, and Certificates of Indian Status (the INAC cards) issued by Indigenous and Northern Affairs Canada, are not Native American tribal documents for Form I-9. They cannot be used on List A, List B, or List C.4U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – 7.2 Native Americans The issuing authority is the reason: only U.S. federally recognized tribes qualify.
Certificate of Degree of Indian Blood
USCIS guidance does not name the Certificate of Degree of Indian Blood (CDIB), issued by the Bureau of Indian Affairs, as an acceptable I-9 document. The regulation points to documents issued by the tribe itself, not by a federal agency on the tribe’s behalf. If an employee offers a CDIB, the safer path is to accept a different qualifying document of the employee’s own choosing.
Recording the Document in Section 2
The employer must physically examine the document in the employee’s presence within three business days of the first day of work for pay.7U.S. Citizenship and Immigration Services. Completing Section 2, Employer Review and Attestation During that examination the employer decides whether the document reasonably appears genuine and relates to the person presenting it.1U.S. Citizenship and Immigration Services. Form I-9, Employment Eligibility Verification
Enter the document title exactly as it appears on the card. In the issuing authority field, write the specific tribe’s name rather than a generic label like “Native American tribe.” Record the document number and expiration date, if any, in the designated fields. When one tribal document is doing double duty, the same information goes in both the List B and List C columns.
Canadian-Born Native Americans and the Jay Treaty
Federal law preserves the right of American Indians born in Canada to cross the U.S. border freely and to work here, provided the individual has at least 50 percent American Indian blood.8Office of the Law Revision Counsel. 8 USC 1359 – Application to American Indians Born in Canada That right traces back to the Jay Treaty of 1794 and lives in the Immigration and Nationality Act.
For the I-9, though, the underlying right is not the same as an acceptable document. Canadian-born Native Americans who have obtained lawful permanent resident status through this provision typically present a Form I-551 (Permanent Resident Card), or a foreign passport with a temporary I-551 stamp bearing the code S13, as their List A document. A Canadian First Nation membership card alone will not satisfy the I-9.
What Employers Cannot Do
Federal law makes it an unfair immigration-related employment practice to demand more or different documents than the I-9 requires, or to reject documents that reasonably appear genuine on their face, when the request or rejection is motivated by discrimination based on national origin or citizenship status.9Office of the Law Revision Counsel. 8 USC 1324b – Unfair Immigration-Related Employment Practices Rejecting a valid tribal card because it looks unfamiliar, or preferring a driver’s license instead, is the exact scenario the statute targets.
The rule is straightforward. The employee chooses what to present; the employer accepts it if it appears genuine and relates to the person.5U.S. Citizenship and Immigration Services. Instructions for Form I-9, Employment Eligibility Verification Asking someone with a tribal document to “also bring a passport,” or steering them toward a different ID, is not permitted. Employees who believe they have been discriminated against can file a charge with the Department of Justice’s Immigrant and Employee Rights Section within 180 days.
When a Tribal Document Expires
When work-authorization documentation expires, the employer generally must reverify by having the employee present a new unexpired List A or List C document.10U.S. Citizenship and Immigration Services. Completing Supplement B, Reverification and Rehires But employers should not reverify U.S. citizens or lawful permanent residents whose List B identity documents expire, because their work authorization does not depend on the card. Since most tribal members using a tribal document for I-9 purposes attest as U.S. citizens, an expired tribal ID typically does not trigger reverification. Reverifying anyway can itself amount to document abuse under the anti-discrimination rules.