On December 20, 2010, the DHS issued its fall 2010 regulatory agenda. See 75 Fed. Reg. 79788 (Dec. 20, 2010). For USCIS, the agenda includes two new Form I-9 rules plus a new electronic registration program for new H-1B petitions that are subject to the annual quota.

One of the new Form I-9 employment verification rules would confirm the requirements of the current Form I-9, prohibit acceptance of certain documents, and mandate that only valid documents are acceptable for the verification process. The DHS also announced that it expects to issue a new rule in May 2011 that will limit the current list of acceptable documents to more secure and fraud-resistant documents and add new protections to the Form I-9 verification process.