USCIS Issues Final Rule on Employment Eligibility Verification Form (I-9)

On April 14, 2011, the USCIS announced its final rule regarding the employment eligibility verification process. Under federal law, employers must complete Form I-9 for all 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.

Prior to the announcement of the final rule, the interim rule allowed employers to accept expired documents. However, under the final rule, this action is strictly prohibited.  So, if an employee presents an expired driver’s license or passport, employers must not accept those documents as proper identification proof for I-9 purposes.  The Final rule revised the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.

The Department of Homeland Security wants to ensure that documents presented for use in the Form I-9 process are valid and reliable to establish both identity and employment verification. The DHS announced that expired documents are prone to tampering and fraudulent use, so the DHS prohibited employers to accept expired documents.

I-9 procedures are very important for both employers and employees. A foreign employee who is authorized to work in the United States must make sure that the information on his or her I-9 form is accurate.  In some cases, people misrepresent on the I-9 by claiming that they are a US citizen or national. Falsely claiming U.S. citizenship will bar you from future possible immigration benefits.  This is also a deportable offense.

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