The USCIS will be publishing a new rule which will revise the list of documents that employers can accept to verify the identity and employment eligibility of new hires. The new rule also revises the Form I-9 and stipulates that employers can no longer accept expired documents. Currently, the U.S. passport and all List B documents are acceptable, even if expired. The rationale for this change is that expired documents are prone to fraudulent use (counterfeiting) and newer documents are more likely to contain security features which make them less vulnerable. It is important to note that documents without an expiration date (such as a social security card) are deemed “unexpired” under the new rule.
Among the proposed changes, the rule eliminates Forms I-688, I-688A, and I-688B (Temporary Resident Card and older versions of the Employment Authorization Card/Document) from List A. USCIS no longer issues these cards, and all that were in circulation have expired.
One of the most crucial aspects of the new rule is the timing – employers must use the revised I-9 form for all new hires (and reverifications) beginning 45 days after it’s been published in the Federal Register. Experts in the field predict that the USCIS may publish the rule early this week, which means that it could go into effect by early February. Once in effect, employers must use the new form or face civil monetary penalties.