Special Categories

Special Form I-9 rules may apply to employees in certain immigration or employment-authorization categories. These categories include:

• Lawful permanent residents.
• Certain Native Americans.
• Refugees.
• Asylees.
• Individuals granted Temporary Protected Status (TPS).
• Exchange visitors, including J-1 exchange visitors.
• F-1 nonimmigrant students pursuing academic or language-training programs.
• M-1 nonimmigrant students pursuing vocational or other nonacademic programs.
• H-1B specialty-occupation workers.
• H-2A temporary agricultural workers.
• Other nonimmigrant workers with employment authorization that is limited by employer, job, program, worksite, or time period.

All employees must complete Form I-9 in accordance with the same general requirements. The employee completes Section 1, and the city completes Section 2 by examining the employee’s acceptable documentation within the required timeframe. An employee may generally choose to present either one acceptable document from List A or one acceptable document from List B and one acceptable document from List C.

The city must not require an employee to present a specific document, request additional documentation because of the employee’s citizenship or immigration status, or reject valid documents that reasonably appear genuine and relate to the employee.

Certain immigration categories may have additional requirements concerning acceptable documents, receipt rules, employment restrictions, expiration dates, automatic extensions, or reverification. For example, employment authorization for some employees may be limited to a particular employer, position, program, worksite, or period of authorized stay.

Human Resources must consult the current USCIS Handbook for Employers: Guidance for Completing Form I-9 (M-274), applicable Form I-9 instructions, and any current USCIS or Federal Register notice before completing, updating, or reverifying Form I-9 for an employee in a category subject to special rules.