USCIS Form I-9

Understanding and correctly completing Form I-9 is crucial for employers and foreign nationals working in the U.S. under the United States-Mexico-Canada Agreement (USMCA) and TN Visa status. This guide aims to demystify the process, focusing on the necessary documentation and employer obligations to ensure compliance without discrimination.

Completing Form I-9 for TN Visa Holders

For foreign nationals holding TN Visa status, Section 1 of Form I-9 requires one of the following:

  • Alien Registration Number/USCIS Number: This unique identifier for non-citizens is crucial for those with it.
  • Form I-94 Admission Number: Provided upon entry, this number tracks the terms of your stay.
  • Foreign Passport Number and Country of Issuance: A valid passport from your country, paired with the country of issuance, suffices.

Authorization to Work in the U.S.: Combining Documents

To prove authorization to work, foreign nationals must present:

  • List B Documents: A valid foreign passport is a joint List B document that verifies identity.
  • List C Documents: The Form I-94 Arrival/Departure Record, among other List C documents, proves employment authorization.

Employer Responsibilities: Ensuring Non-Discriminatory Compliance

Employers play a pivotal role in the Form I-9 process. Key responsibilities include:

  • Non-Discrimination: Employers must treat all employees equitably, regardless of citizenship, immigration status, or national origin. Discrimination in the document selection process is prohibited.
  • Document Acceptance: An employer must accept any valid combination of List B and List C documents without dictating specific ones.

Social Security Number (SSN) Clarifications for Foreign Nationals

A common misconception is that an SSN is required for Form I-9 compliance. However:

  • SSN Not Mandatory: Foreign nationals can complete Form I-9 without an SSN if they provide a valid combination of List B and C documents.
  • Employer Requirements: Demanding an SSN before employment is prohibited unless the presented documents necessitate one.


Employers and TN Visa holders can ensure a smooth and compliant Form I-9 process by staying informed and diligently adhering to these guidelines. This ensures legal compliance without unnecessary complications.

Subscribe to Our Resources Blog

Schedule a Consultation with an Immigration Lawyer


We Can Help!

You may have questions regarding U.S. immigration laws and visas. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.

Contact Us

Similar Posts