USCIS Announces Final Rule on I-9 Employment Eligibility Verification
04/20/2011
USCIS has adopted its final rule on acceptable documents for the Employment Eligibility Verification process (Form I-9). This final rule adopts USCIS' April 3, 2009 interim rule without any changes. The interim rule's significant changes, now adopted by the final rule, include:
- Prohibiting employers from accepting expired documents;
- Eliminating from List A identity and employment authorization documentation Forms I-688, I-688A, and I-688B (Temporary Resident Card and outdated Employment Authorization Cards);
- Adding to List A foreign passports containing temporary I-551 printed notations on certain machine-readable immigrant visas;
- Adding to List A, as evidence of identity and employment authorization, valid passports for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI), along with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association between the United States and the FSM or RMI.
Employers using the E-Verify system must have each of their employees complete Form I-9 and accept one or more of the documents provided on List A, B and C, to verify employment eligibility in the United States. List A includes documents that establish both identity and employment authorization, and hence verify employment through one single document. Generally, List A documents include a U.S. passport, Form I-551 (a "Permanent Resident Card") or an Employment Authorization Document (EAD). List B documents are those that establish identity and List C documents establish employment authorization. A combination of List B and C documents will satisfy employment eligibility in the United States. List B documents include a State-issued driver's license or identification card. List C documents include a State-issued birth certificate or an unrestricted Social Security Account Number card.
The final rule goes into effect May 16, 2011. Employers may continue to use the current version of Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009).
Goel & Anderson's website contains additional information on E-Verify and I-9 compliance, as well as Employer Sanctions. For a more detailed analysis of your company's employment eligibility obligations and processes, please contact us to arrange an in-person or telephonic consultation with one of our attorneys.