New rules, forms for employment eligibility verification

The Department of Homeland Security is amending its regulations governing the types of acceptable identity and employment authorization documents that employees may present for completion of the Form I–9, Employment Eligibility Verification. Under the interim rule, employers no longer will be able to accept expired documents to verify employment authorization. The rule eliminates Forms I-688, I-688A, and I-688B (the Temporary Resident Card and older versions of the Employment Authorization Card/Document) from List A, the list of acceptable documents that establish both identity and employment eligibility. The rule adds to List A, foreign passports containing specifically-marked machine-readable visas, a new U.S. Passport Card, and documentation for certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands. The revised Form I-9 also revises the employee attestation section. The rule is effective, and comments are due, on February 2, 2009.

73 Fed. Reg. 76,505 (Dec. 17, 2008)
Interim rule