12/28/2008 USCIS Revises Employment Eligibility Verification Form Requirements


By now many of you are aware of the mandate that all federal contractors must utilize an electronic employment eligibility process (either E-Verify or other commercial programs) to determine an employee’s right to work status. However, did you know that the government has revised the list of acceptable identity documents?

The biggest change: expired documents will no longer be accepted. This means that all forms of identification must be valid at the time that the I-9 form is completed. Check out this excerpt from the U.S. Citizenship and Immigration Services (USCIS) website.

Employers must complete a Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of approved documents that employees can present to verify their identity and employment authorization is divided into three sections: List A documents verify identity and employment authorization, List B documents verify identity only, and List C documents verify employment authorization only.

The rule eliminates Forms I-688, I-688A, and I-688B (Temporary Resident Card and older versions of the Employment Authorization Card/Document) from List A. USCIS no longer issues these cards, and all that were in circulation have expired. The rule also adds to List A of the Form I-9 foreign passports containing specially-marked machine-readable visas and documentation for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI). The rule makes other, technical changes to update the list of acceptable documents. The revised Form I-9 includes additional changes, such as revisions to the employee attestation section, and the addition of the new U.S. Passport Card to List A.

Employers must use the revised Form I-9 for all new hires and to reverify any employee with expiring employment authorization beginning 45 days after publication in the Federal Register. The interim final rule is available in the Related Links section of this page and was submitted to the Federal Register on Dec. 11, 2008. The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) will be updated to reflect these changes and will be available on the USCIS website in the near future. The current version of the Form I-9 (dated 06/05/2007) will no longer be valid as of 45 days after publication in the Federal Register.

Read the full USCIS release here

Other Related Links:
Federal Contractor E-Verify Rule Is Final!
Federal Contractors Now Mandated to Use E-Verify
employeescreenIQ Electronic Employment Eligibility Process
I-9 Compliance: A Smart Solution for an Overlooked Process