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January 13, 2009

Form I-9 Revised by USCIS

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.

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