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USCIS Revises The Employment Eligibility Verification Form I-9

The U.S. Department of Homeland Security, Citizenship and Immigration Services (“CIS”) announced that it has submitted to the Federal Register an Interim Final Rule that will streamline the Employment Eligibility Verification (Form I-9) process.

The Interim Final Rule narrows the list of acceptable identity documents and further specifies that expired documents are not considered acceptable forms of identification. An expansive document list makes it more difficult for employers to verify valid and acceptable forms and to single out false documents compromising the effectiveness and security of the Form I-9 process. The changes included in the Interim Final Rule will significantly improve the security of the employment eligibility verification process.

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. CIS no longer issues these cards, and those 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.

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