The Immigration and Naturalization Service has released a proposed rule that is intended to simplify the employment verification process for employers. The rule would cut from 25 to 13 the number of documents that an employer can accept as part of the I-9 verification process. The rule is also intended to implement document reduction requirements contained in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
The INS claims that a reduction of the number of acceptable documents will simplify the process for employers and eliminate certain documents that are easily counterfeited.
Below is a list of the thirteen documents that would be acceptable under the proposed rule. Under the proposed rule, new employees would be required to present either 1) one List A document or 2) one List B document and one List C document.
Proposed List A (Documents that establish both identity and employment eligibility)
– US passport
– I-551 Alien Registration Receipt Card
– I-688 Temporary Resident Card
– Employment Authorization Document (I-766, I-688B, or I-688A)
– Foreign passport with I-551 stamp
– For aliens authorized to work only with a specific employer, foreign passport with Form I-94 authorizing employment with that employer
List A documents eliminated recently by an interim rule published on September 30, 1997
– Certificate of US Citizenship, Form N-560 or N-561
– Certificate of Naturalization, N-550 or N-570
– Re-entry Permit, Form I-327
– Refugee Travel Document, Form I-571
Proposed List B (Documents that establish identity only)
– Driver’s license issued by a state or outlying possession
– Identification car issued by a state or outlying possession
– Native American tribal document
– Canadian driver’s license or ID card with a photograph (for Canadian aliens authorized to work only for a specific employer)
Current List B documents to be eliminated
– Identification card issued by federal or local authorities
– School identification card with a photograph
– Voter’s Registration Card
– United States Military Card or draft record
– Military dependent’s identification card
– United States Coast Guard Merchant Mariner Card
– School record or report card, daycare or nursery school record, or clinic doctor or hospital record (for individuals under age 18 who are unable to produce identity document)
Proposed List C (Documents that establish employment eligibility only)
– Social Security account number card without employment restrictions
– Native American tribal document
– Form I-94 authorizing employment with this employer (for aliens authorized to work only for a specific employer)
Current List C Documents proposed to be eliminated
– Certification of Birth Abroad issued by the Department of State, Form FS-545 or Form DS-1350
– Birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal
– United States Citizen Identification Card, INS Form I-197
– Identification card for use of a resident citizen in the United States, INS Form I-179
– Employment authorization documents issued by INS other than those listed under List A
In addition to paring down the list of documents, the INS has proposed a reorganization of the regulation to make it easier to use, understand and cite. The INS also has revised the language of the regulation using a “plain English” approach and sets the regulation out in a question and answer format. Feedback from the public regarding the usefulness of this approach is being sought out by the INS.
Along with the proposed regulation, the INS has published a proposed Form I-9 reflecting the changes. Siskind, Susser, Haas & Chang has placed a link to an Adobe Acrobat version of the proposed rule and proposed I-9 in the Documents Collection on our web site (https://visalaw.com). Those interested in commenting should submit remarks to the Director, Policy Directives and Instructions Branch, Immigration and Naturalization Service, 425 I Street, NW, Room 5307, Washington, DC 20536 before April 3rd. Further instructions on submitting comments are contained in the Federal Register notice containing the proposed rule.
With this The INS is also testing out the acceptance of comments in an electronic format. Comments may be sent using electronic mail. The e-mail address for submitting comments is 19INFO@usdoj.gov. The normal requirement to submit two duplicate sets of copies shall not apply to e-mailed comments. According to the INS, e-mail comments filed properly will be considered as part of the record and accorded the same treatment as comments submitted on paper. E-mail comments should reference the appropriate INS number for the proposed rule (in this case INS No. 1890-97) in both the subject line and the body of the message. Comments must be stated in the body of the e-mail or in the form of a WordPerfect 5.1 attachment (the INS does not state whether it should be a PC or Mac format but a reasonable should presume that PCs are used). The only other special requirement for electronic comment submissions is that the sender should include a name, address and telephone number.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.