From the Experts: Using REAL ID vs. NonREAL ID for Form I-9 Documentation

A new hire provided their nonREAL ID driver license for their Form I-9 documentation. Can I use this to satisfy the I-9 documentation requirement?

Yes. See the discussion below.

REAL ID Status

Congress passed the REAL ID Act in 2005 to improve security requirements for identification. As a result, states issued driver licenses and identification cards that complied with the REAL ID Act.

After multiple delays, the Transportation Security Administration (TSA) issued a final rule with enforcement beginning May 7, 2025. The rule said federal agencies may use a phased enforcement approach if they deem it appropriate.

Starting May 7, 2025, if a person is using a state-issued driver license or identification card to board a commercial domestic aircraft within the United States or for other federal purposes (for example, entering secure federal facilities, such as military bases or federal courthouses), then the license or ID card must be REAL ID-compliant.

In California, there are both REAL ID-compliant cards and noncompliant cards. Noncompliant cards state on the front “FEDERAL LIMITS APPLY” and on the back “This card is not acceptable for official federal purposes … It does not establish eligibility for employment.”

Form I-9 Requirements

The Form I-9 states that employees may present a document from List A or a document from both List B and List C. Documents from List A establish both identity and employment authorization. Documents from List B establish only identity. Documents from List C establish only employment authorization.

A driver license or identification card from a state is considered a List B document that establishes only identity. The U.S. Citizenship and Immigration Services (USCIS) explains, “Some states may place restrictive notations on their licenses. For Form I-9 purposes, you may accept these licenses.” (See USCIS I-9 Central: Form I-9 Acceptable Documents, List B Documents – Identity).

The California Department of Motor Vehicles states that a nonREAL ID “may be used as photo identification, but not as evidence of legal presence in U.S. Additional documentation may be required.” In this case, the ID is being used for photo identification or to establish identity.

Despite other federal prohibitions, nonREAL ID driver licenses and identification cards may be used for Form I-9 identification purposes. (See U.S. Citizenship and Immigration Services, I-9 – AB 60 Driver’s Licenses (FOIA document)).

Conclusion

Employers can accept either the nonREAL ID or the REAL ID driver license or identification card for Form I-9 identification purposes. Employers must examine the document the employee presents to determine if it meets Form I-9 requirements.

Ashley Huynh, Employment Law Expert, CalChamber

CalChamber members can read Completing the Form I-9 in the HR Library. Not a member? Learn how to power your business with a CalChamber membership.