The U.S. Citizenship and Immigration Services (USCIS) announced on December 15, 2008, that it submitted an interim final rule to the Federal Register revising form I-9 used in the employment verification process. The interim final rule makes the following changes to current I-9 rules:

  • Specifies that expired documents are no longer considered acceptable for proof of identification or work authorization;
  • Eliminates three more documents from List A (Temporary Resident Card, and older versions of the Employment Authorization Card / Document);
  • Adds foreign passports containing special machine-readable visas for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) to List A;
  • Adds the new U.S. Passport Card to List A; and
  • Revises the employee attestation section of the form.  

Employers who do not begin using the new I-9 form by February 2, 2009 may be subject to fines.