E-Verify & I-9 News

UPDATE: Puerto Rico Governor Luis G. Fortuño extended the validity of birth certificates issued before July 1, 2010 to American citizens born in Puerto Rico for 30 additional days, until October 30 (you can read the full Puerto Rico Federal Affairs Administration press release here).

As we reported earlier this month, U.S. Citizenship and Immigration Services (USCIS) recently published guidance on their website for accepting new Puerto Rico Birth Certificates for the purpose of completing the I-9 Process.  If USCIS updates these  guidelines to reflect the new October 30, 2010 validity date, it seems likely that we can expect the following changes.

New Employees

Beginning Oct. 31, 2010, employers may only accept certified copies of Puerto Rico birth certificates that were issued on or after July 1, 2010. This means that if an employee presents a birth certificate issued by the Vital Statistics Office of the Commonwealth of Puerto Rico, the employer must look at the date the certified copy of the birth certificate was issued to ensure that it is valid.

Existing Employees

Employers must not re-verify the employment eligibility of existing employees who presented a certified copy of a Puerto Rico birth certificate for Form I-9 purposes prior to Oct. 31, 2010.

Federal Contractors

Employers awarded a federal contract that contains the Federal Acquisition Regulation (FAR) E-Verify clause may need to update an existing I-9 or complete a new I-9 before submitting the information to E-Verify.

• If completing new I-9s for existing employees, beginning Oct. 31, 2010, employers may only accept certified copies of Puerto Rico birth certificates that were issued on or after July 1, 2010. As noted above, employers must look at the date the certified copy of the birth certificate was issued to ensure that it is valid. Prior to October 31, 2010, employers with FAR contracts may accept all certified copies of Puerto Rico birth certificates when completing new I-9s.

• If updating existing I-9s, an employer must not ask an employee to present a new Puerto Rico birth certificate.

See the E-Verify Supplemental Guide for Federal Contractors for more information on E-Verify and FAR requirements.

Document Retention

Employers who choose to make photocopies of documents that their employees present when completing Form I-9 must do so for all employees, regardless of national origin or citizenship status.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

USCIS announced through the E-Verify user portal that E-Verify will expand its photo matching tool to include US passports beginning September 26, 2010. This change will require E-Verify participating employers to compare the photo from a US passport presented during the I-9 process with the government’s digitally stored photo online, if available. USCIS also indicated that the photo matching process for US passports will follow the same rules as photo matching for the permanent resident card (I-551) or employment authorization document (EAD).

USCIS also reminded employers that when you login for the first time on or after September 26^th, you will be prompted to complete a short tutorial and test. USCIS has scheduled two one-hour webinars on the US Passport photo matching process:

• Thursday, September 30, 2010, at 1:00 PM (EDT). Register here
• Monday, October 4, 2010, at 4:00 PM (EDT). Register here.

Notably, the photo matching process is not yet mandatory for employers using E-Verify through a web services interface (most commonly associated with an electronic I-9 system). Web service developers have until December 2010 to add photo matching functionality and other changes from the June 2010 E-Verify redesign.

As we previously reported, the government of Puerto Rico passed legislation that invalidates all Puerto Rican birth certificates issued before July 1, 2010. Recently, U.S. Citizenship and Immigration Services (USCIS) published guidance on accepting new Puerto Rico Birth Certificates for the purpose of completing the I-9 Process. Here are the key things that you need to know.

New Employees

Beginning Oct. 1, 2010, employers may only accept certified copies of Puerto Rico birth certificates that were issued on or after July 1, 2010. This means that if an employee presents a birth certificate issued by the Vital Statistics Office of the Commonwealth of Puerto Rico, the employer must look at the date the certified copy of the birth certificate was issued to ensure that it is valid.

Existing Employees

Employers must not re-verify the employment eligibility of existing employees who presented a certified copy of a Puerto Rico birth certificate for Form I-9 purposes prior to Oct. 1, 2010.

Federal Contractors

Employers awarded a federal contract that contains the Federal Acquisition Regulation (FAR) E-Verify clause may need to update an existing I-9 or complete a new I-9 before submitting the information to E-Verify.

• If completing new I-9s for existing employees, beginning Oct. 1, 2010, employers may only accept certified copies of Puerto Rico birth certificates that were issued on or after July 1, 2010. As noted above, employers must look at the date the certified copy of the birth certificate was issued to ensure that it is valid. Prior to October 1, 2010, employers with FAR contracts may accept all certified copies of Puerto Rico birth certificates when completing new I-9s.

• If updating existing I-9s, an employer must not ask an employee to present a new Puerto Rico birth certificate.

See the E-Verify Supplemental Guide for Federal Contractors for more information on E-Verify and FAR requirements.

Document Retention

Employers who choose to make photocopies of documents that their employees present when completing Form I-9 must do so for all employees, regardless of national origin or citizenship status.

The USCIS guidance, released on September 9, 2010, is available on their website.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.