USCIS Publishes Interim Rule Making Changes to Form I-9

15 Dec 2008

USCIS announced late last week that it has submitted an interim final rule to streamline the I-9, Employment Eligibility Verification process. This interim final rule will limit the number of documents accepted to provide proof of identity; in addition, it clarifies that expired documents will not be accepted as proof of identification. According to USCIS, by limiting the list of documents acceptable as proof of identification, the organization is making it easier for employers to verify valid and acceptable forms of identification and to rule out false documents.

U.S. employers are required by law to complete a Form I-9 for all new employees to verify their identity and that they have authorization to work in the U.S. There are three lists of accepted documents in the form’s instructions: documents in List A verify identity and employment authorization; documents in List B verify just identity; and documents in List C verify just employment authorization.

This interim rule will eliminate as acceptable forms of identification Forms I-688, I-688A and I-688B, the Temporary Resident card (and older versions of the Employment Authorization card). These cares are no longer issued by USCIS; all cards that have been issued are now expired. In addition, the interim rule adds to the first list of acceptable documents (List A) foreign passports that contain marked and machine-readable visas and documentation for some citizens of the Federated States of Micronesia and the Republic of the Marshall Islands. Finally, the interim rule makes a series of additional changes, including revisions to the employee attestation section and the addition of the U.S. Passport Card to the first list.

Employers will be required to use the revised Form I-9 for all new hires and to re-verify any existing employees with employment authorization that has expired within 45 days of publication of this rule in the Federal Register. Once this 45 day period has passed, the current version of Form I-9, dated June 5, 2007, will no longer be valid.