Written by attorney Carl Michael Shusterman

How to Survive an I-9 Audit (Part 1)

What employers can do to avoid an I-9 audit and what they should do it they are audited explained by former INS Trial Attorney (1976-82) Carl Shusterman

Schedule a legal consultation (by Zoom, telephone or in person) at

(213) 623-4592

On form I-9, there are 3 lists of documents:

List A - Documents that show the employee's identity and his/her ability to work for you.

List B - Documents that show the employee's identity

List C - Documents that show the employee's ability to work for you

By the 3rd day of employment, you must see either a List A document, or both a List B and a List C document.

You should show the employee all 3 lists and let them choose whether to show you a List A document, or a List B and a List C document. Never specify which documents you would like to see.

Employers should have a tickler system to insure that I-9s are updated before an employment authorization documents expires.

Employers are forced to walk a tightrope between avoid employer sanctions for hiring or continuing to employ unauthorized aliens and violated document abuse and anti-discrimination laws.

Employers should never require more or different documents from employees because of their nationality or immigration status.

For more information, please see our Employers Immigration Guide at

Free Q&A with lawyers in your area

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer