On December 12, 2008, the U.S. Citizenship and Immigration Services (USCIS) submitted an interim final rule to the Federal Register revising the list of documents acceptable for Form I-9, Employment Eligibility Verification. The revised Form I-9 will be available for public at www.regulations.gov after 45 days from the publication of the interim final rule in the Federal Register. The new Form I-9 becomes effective 45 days after the publication of the rule, at which time employers are required to use the new form for processing employment eligibility verification of their new employees.  

The new list of acceptable documents is designed to simplify employers’ compliance with employment verification requirements. The new rule:  

  • Requires that all documents presented during the verification process be unexpired;
  • Eliminates List A identity and employment authorization documentation Forms I-688, I- 688A, and I-688B (Temporary Resident Card and outdated Employment Authorization Cards);  
  • Adds foreign passports containing certain machine-readable immigrant visas to List A;  
  • Adds to List A as evidence of identity and employment authorization valid passports for citizens of the Federated States of Micronesia (FSM) and Republic of Marshall Islands (RMI), along with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI; and  
  • Makes technical updates.

The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) is being updated and will be available at www.uscis.gov in the near future.