DEPARTMENT OF HOMELAND SECURITY AMENDS I-9 EMPLOYMENT ELIGIBILITY VERIFICATION REQUIREMENTS

by Chuck Hollis

            The Department of Homeland Security (DHS) is amending its regulations governing the types of acceptable identity and employment authorization documents employees may present to their employers in order to complete the I-9 Employment Eligibility Verification Form. Three highlights of the new regulations, which go into effect on February 2, 2009, are as follows:

1.         Employers may no longer accept expired documents in order to verify employment authorization on the Form I-9.  The current law allows employers to accept expired U.S. Passports and documents verifying identity (falling under List B of the I-9 Form).

2.         Employers may no longer accept Temporary Resident Cards (Form I-688) and Employment Authorization Cards issued pursuant thereto (Forms I-688A and I-688B) as verification of identity and employment eligibility (falling under List A of the I-9 Form).  The Department of Homeland Security no longer issues these cards, and all such cards previously issued have expired.

3.         For the first time, employers may accept, as verification of identity and employment eligibility (falling under List A of the I-9 Form), machine-readable Immigrant Visas containing pre-printed, temporary I-551 forms.  The temporary I-551 form is an adhesive stamp the Department of State often places the passports of immigrants preparing to seek admission into the U.S. as permanent residents.  It serves as temporary evidence of lawful permanent residency in the U.S. pending the issuance of a permanent resident card (“green card”).

If you have any questions about the new regulations, please contact Chuck Hollis at (513) 721-5672, or at cfhollis@byhlaw.com.