How do employers verify identity for Form I-9 without a REAL ID-compliant license?

1. What the rules say: accept documents from the I‑9 lists, not “REAL ID”

The federal Form I‑9 framework requires employers to accept any unexpired List A document (which proves both identity and employment authorization) or a combination of one List B document (identity) and one List C document (employment authorization); a state driver’s license — including one that is not REAL ID-compliant — is listed as an acceptable List B, Item 1 document (USCIS Form I‑9 acceptable documents and handbook) ^{[1] [2]}. The I‑9 process is document-based: employers must examine the original presented documents and record their particulars on the form ^{[5] [3]}.

2. Employers cannot force REAL ID or extra documents beyond the lists

USCIS instructions and the I‑9 form itself emphasize that employees choose which acceptable documents to present and that employers may not ask for additional documentation to verify Section 1 information; that means employers cannot mandate a REAL ID specifically if an employee presents other acceptable List B/C or List A documents that reasonably appear genuine and relate to the employee ^{[6] [3]}. The anti‑discrimination notice on the form reinforces that choice ^[6].

3. Practical options when a hire lacks a REAL ID driver’s license

If an employee lacks a REAL ID, common practical paths are: present a List A document (for example, a U.S. passport or permanent resident card) that satisfies both identity and work authorization; or present a non‑REAL ID state driver’s license as the List B identity document paired with a List C employment‑authorization document such as an unrestricted Social Security card ^{[1] [7]}. Employers must still physically examine the original documents within three business days of hire or use an alternative procedure authorized by DHS/E‑Verify ^{[3] [4]}.

4. Remote verification and mobile IDs — promising but unsettled

Digital credentials and mobile driver’s licenses (mDLs) are emerging; some industry commentary notes potential benefits and mentions federal legislation allowing digital versions for various purposes ^[8]. However, DHS has not issued a definitive, universal acceptance statement for mDLs as List B for I‑9 across the board; employers should consult current USCIS/E‑Verify guidance before relying on mDLs ^{[8] [4]}.

5. Airport REAL ID rules don’t change I‑9 obligations

TSA’s refusal to accept non‑REAL ID driver’s licenses at airport checkpoints (a separate travel‑security regime) has no bearing on the Form I‑9 document lists; TSA and USCIS rules operate in different domains. The TSA now requires REAL ID or alternative TSA ID verification for air travel, but I‑9 acceptability remains governed by USCIS lists, which explicitly allow non‑REAL ID state driver’s licenses as List B items ^{[9] [1]}.

6. E‑Verify: additional procedural notes, not new document rules

Employers using E‑Verify still follow I‑9 document rules but must enter certain information (for example, Social Security numbers) into E‑Verify and may use authorized remote examination procedures when applicable; E‑Verify reiterates that List A/B/C distinctions apply and that physical examination is required unless an alternate DHS procedure is in place ^{[4] [1]}.

7. Where reporting is limited or silent

Available sources do not mention employer liability for incorrectly accepting non‑REAL ID licenses beyond standard I‑9 compliance penalties; they do not provide step‑by‑step scripts for verifying subtle license security features or state‑specific exceptions beyond noting that some states mark licenses with restrictive notations but those are acceptable for I‑9 purposes ^{[2] [7]}. For state‑specific or industry‑specific compliance questions, the USCIS materials advise consulting legal counsel or updated agency guidance ^{[7] [3]}.

8. Bottom line for employers and HR teams

Follow the Form I‑9 lists: accept any listed, unexpired documents that reasonably appear genuine; do not demand a REAL ID as a condition of employment; examine originals within three business days (or use authorized remote procedures) and record document details on the Form I‑9. Keep an eye on evolving guidance about mobile IDs and E‑Verify procedures and consult USCIS/E‑Verify resources for updates ^{[1] [3] [4]}.