Final Rule on Form I-9 is Adopted

May 16, 2011

The U.S. Citizenship and Immigration Services (USCIS) has adopted a final rule on Form I-9 that is effective on May 16, 2011. One of the biggest changes under the final rule is that employers are prohibited from accepting expired documents when completing the I-9. The USCIS reasoned that expired documents “are prone to tampering and fraudulent use.” Thus, even individuals whose work status does not expire such as those holding U.S. passports, Permanent Residency Cards or Alien Registration Cards, must show unexpired documents to comply with I-9.

The USCIS also revised the list of acceptable documents and eliminated outdated documents. For example, Temporary Resident Cards (I-688) and Forms I-688A and I-688B have been removed, because the USCIS no longer issues such cards and any such document would have expired by the effective date of the final rule. Documents applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Island are now acceptable.

All U.S. employers must complete Form I-9 for newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.

The final rule is available in the Federal Register at www.uscis.gov. Employers can continue to use the current I-9 Form so long as they comply with the new document collection policy.

Allen Matkins’ employment group regularly advises companies regarding Form I-9 issues, as well other immigration-related issues, including handling work visas, such as H-1Bs, Ls, and permanent residency (“Green Card”) petitions. If you have questions regarding I-9 compliance or other related matters, please contact a member of the Labor and Employment department.