I am clearly not the Form I-9 expert—see Janice Kephart and her company ZipID for the full understanding. But this introduces why we have the U.S. Form I-9, how it keeps employers and employees within the law, and what it can do to stop North Koreans from robbing companies blind.
Why
Someone can’t just waltz into a U.S. employer and start working. Legally, anyway.
While there are numerous requirements that you have to meet before starting a job, the one that concerns us here is that only certain people are legally authorized to work.
To check this is a two part process:
- To check the identity of the person.
- To check the employment authorization of the person.
Both are necessary. It does no good to determine that Sam Smith is authorized if Sam Smith is really Kim Jong Spy.
Now you don’t have to be a U.S. citizen to work here. I’ve worked with a number of green card holders from France and other countries. I’ve worked with a number of temporary visa holders in which the visa permits the person to work for pay.
But student visa holders usually can’t work.
And people who are just visiting the country usually can’t work.
And finally, people who slip across the border can’t work.
How
So how do we make sure that people who work here are identified and authorized?
Via the completion of the U.S. Citizenship and Immigration Services Form I-9.
“Use Form I-9, Employment Eligibility Verification, to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes citizens and aliens. Both employees and employers (or authorized representatives of the employer) must complete the form.”
The employee starts the ball rolling by proving that they are who they say they are, and that they are authorized to work here. To do this, they provide information and documents, including at least some of the following:
- Full name
- Address
- Date of birth
- Social Security Number (not a Taxpayer Identification Number)
- U. S. citizenship or immigration status (there are multiple options here, ranging from U.S. citizen to “alien authorized to work”)
- Other numbers as necessary, such as a USCIS number
- One or more of “List A,” “List B,” and/or “List C” documents
The most powerful of the acceptable documents are List A documents, which prove both identity and employment authorization. A U.S. Passport or a Permanent Resident Card are the most common documents here, but if you have a passport from the Federated States of Micronesia you may still be good to go.

Blagomeni • CC BY-SA 3.0. Source.
If you don’t have a List A document, then you need one List B (identity) and one List C (authorization) document.
- List B includes driver’s licenses (REAL ID or no, even Canadian), school ID cards, voter IDs, tribal documents, and others that establish identity in some way.
- List C includes Social Security cards, birth certificates, and other authorization documents.
After the employee provides all this and completes Section 1 of Form I-9, the employer checks it and completes Section 2 of the form. The documentation must “reasonably” appear to be genuine.
What
But…if this whole system relies on the employer saying “looks good to me,” how does this keep Kim Jong Spy from illegally working at Palantir and stealing state secrets and American technology?
One, the information and the document checks are worth something. While an employer is unable to truly verify that a driver’s license or a passport is not fraudulent—especially if the remote employee never visits the employer in person—you can bet that USCIS checks all those numbers, and if 10 people use the same Social Security Number they will be flagged.
Two, employers that repeatedly flaunt U.S. employment law can get in trouble. As I detailed in a LinkedIn post, this could include five years of prison time.
So that’s a powerful disincentive for unintentionally or intentionally hiring Kim Jong Spy.
And if the Form I-9 seems like a lot of work, and you wish you could automate it…see ZipID. In addition to everything else, it can compare a live face with the submitted photo ID…because.
