• DHS Issues Interim Final Rule That Modifies Form I-9 and List of Acceptable Documents
  • January 29, 2009 | Authors: Pierre Georges Bonnefil; Héctor A. Chichoni; Robert S. Groban; Jang Hyuk Im; William M. Poole
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  • On December 17, 2008, the DHS and USCIS issued an interim final rule (the "Rule") that modifies the Form I-9, and changes and reduces the list of acceptable identity documents for the Form I-9 employment eligibility verification process. The new Form I-9 must be used by February 2, 2009.

    The Rule mandates that employers only accept unexpired documents presented as part of the Form I-9 verification process, and eliminates a number of currently acceptable documents no longer issued by the USCIS. According to DHS, these changes were made because, "[a]n expansive document list makes it more difficult for employers to verify valid and acceptable forms and single out false documents compromising the effectiveness and security of the Form I-9 process." The Rule also modifies the List of Acceptable Documents by removing from List A, Forms I-688, I-688A, and I-688B, which are temporary resident cards and older versions of the employment authorization card, because the USCIS no longer issues these cards, all cards currently in circulation have expired, and these expired documents "are prone to tampering and fraudulent use." Further, the Rule adds to List A foreign passports containing specially marked, machine-readable visas, and documentation for certain citizens from the Federated States of Micronesia and the Republic of the Marshall Islands. Finally, the Rule makes technical changes and revisions to the employee attestation section of the Form I-9.

    Employers must use the new Form I-9 and List of Acceptable Documents on or before February 2, 2009. This includes all new hires, as well as any employees with expiring employment authorization that must be re-verified.

    To review the Rule, please visit: http://op.bna.com/dlrcases.nsf/r?Open=amky-7m9qvb.

    To download the revised Form I-9, please visit: http://www.uscis.gov/i-9.