Vision Payroll

The United States Citizenship and Immigration Services (USCIS), a component of the United States Department of Homeland Security (DHS), announced recently that it would delay “the implementation of an interim final rule entitled ‘Documents Acceptable for Employment Eligibility Verification’ published in the Federal Register on Dec. 17, 2008.”

The delay allows the DHS time to reconsider the rule and also accept additional public comments since the public comment period has been reopened until March 4, 2009.

The revised version of the Form I-9, Employment Eligibility Verification, that was to become effective February 2, 2009 has been delayed 60 days until April 3, 2009 pending implementation of the interim final rule.

Contact Vision Payroll if you have any questions on the interim final rule and the revised Form I-9.

The United States Citizenship and Immigration Services (USCIS) has submitted an interim final rule to change Form I-9, Employment Eligibility Verification. The rule will become effective February 2, 2009.

There are three categories of documents that employers may use for employment verification: List A that establishes identity and employment authorization, List B that establishes identity, and List C that establishes employment authorization. The rule eliminates the ability of employers to accept expired documents, although the USCIS has invited comments on and will consider allowing employers to accept List B documents “that have expired within the last ninety days (or other limited time period).”

The interim final rule also adds passports of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) to acceptable List A documents. Citizens of both the FSM and the RMI may, but are not required to, obtain Form I-766, Employment Authorization Document.

Further, the interim final rule eliminates Forms I-688, I-688A, and I-688B from acceptable List A documents since these documents are no longer issued and all issued forms are now expired.

There are numerous other miscellaneous changes, including changes to correct references to terminology that has changed. The June 5, 2007 version of Form I-9 becomes invalid February 2, 2009.