I-9 Documents for H-1B Workers
Which acceptable documents work — and your right to choose them. General info, not legal advice.
A common List A option for H-1B is your foreign passport together with your Form I-94 showing your H-1B admission — that combination proves both identity and work authorization.
How I-9 documents work
To complete Form I-9 you show your employer either one document from List A (which proves both who you are and that you’re authorized to work) or one document from List B (identity) plus one from List C (work authorization). You never need all three — it’s List A, or List B + List C. See the full lists of acceptable documents.
Documents you’ll commonly use
If you separately hold an EAD (for example, an H-4 EAD for a spouse), that’s a List A document on its own. When you change H-1B employers, portability generally lets you start work once the new petition is filed — your new employer completes a fresh I-9 and may accept the receipt/filing evidence per the current rules.
You choose which documents to show — not your employer
This matters: you decide which acceptable documents to present. An employer cannot require a specific document, reject a valid one, or ask for more than the I-9 requires — doing so is illegal “document abuse.” The documents described here are common examples for your situation, not a required list.
This is general information, not legal or immigration advice. Rules depend on your individual circumstances — check USCIS I-9 Central or a qualified immigration attorney for your situation.
Frequently asked questions
Most commonly the foreign passport plus the Form I-94 endorsed with H-1B status — a List A combination. An EAD, if you hold one, is also a List A document by itself.
Under H-1B portability you can often begin work when the new petition is filed. Your employer completes a new I-9; ask about the receipt rules that apply to your situation, and consult an attorney if unsure.