By: Jizell Lopez
The Saqui Law Group
1. Q. What is an AB 60 License?
A. An AB 60 License is issued when an individual does not have “satisfactory proof of legal presence in the U.S.” Many people who have an AB 60 License are legally in the U.S. and are work-authorized. In certain cases, an individual who has an AB 60 License can provide proof of legal status, but their documents are not considered compliant with state regulations and the REAL ID Act and therefore cannot be accepted by the DMV.
2. Q. Is an AB 60 License an acceptable identification document for I-9 purposes?
A. Yes. The AB 60 License is an approved document a potential employee may wish to provide as a List B Identity Document. As long as the AB 60 License meets the requirements as stated on Form I-9, it is an acceptable List B Identity Document. The employee must accompany the AB 60 License with a List C document to prove work authorization in order for the company to be in compliance with I-9.
3. Q. What if I refuse to accept an AB 60 License?
A. The refusal to accept a valid I-9 document from an individual may be considered a discriminatory act, especially if it leads to an individual’s inability to work. A company cannot discriminate against individuals based on the use of an AB 60 License. In addition, the company may not assume the individual is undocumented because they have presented an AB 60 License.
If the document is valid on its face and meets the I-9 requirements, then it should be accepted. If an individual presents a valid AB 60 License as a List B Identity Document, it is best to not inquire further as to why it may be a restricted License.
4. Q. When does the revised Form I-9 go into effect?
A. On September 18, 2017, employers should have stated using the revised I-9 form. The new version can be found here. In addition, the USCIS also updated its handbook (here) which provides guidance on how to complete the form.
COUNSEL TO MANAGEMENT:
If your company is given an AB 60 License as a List B Identification document, you must accept the license as long as it contains a photograph of the potential employee and other identifying information such as a name, date of birth, sex, height, etc. Your company must also collect a List C Authorization document along with the AB 60 License.
Do not assume a potential employee’s legal status if they present an AB 60 License. Keep in mind, the purpose of I-9 Forms is work authorization or eligibility to work in the U.S. and not an individual’s immigration status.
Lastly, the revised I-9 form does not change the use of the AB 60 License as a List B Identity document. If you have any questions regarding the use of an AB 60 License or the revised I-9 form, please contact the experts at The Saqui Law Group.