USCIS Issues Final Rule on Employment Eligibility Verification

This week, the U.S. Citizenship and Immigration Services (USCIS) announced a final rule that adopts, without change, an interim rule from April 3, 2009 that changed the Department of Homeland Security regulations governing the acceptable documents for completing the Employment Eligibility Verification (Form I-9) process.

Since the final rule does not differ from its predecessor, employers should already be familiar with the main changes made by the interim rule, including:  “prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.” These as well as other government guidelines for how to complete the Form I-9 can be found in the M-274 Handbook for Employers.

The final rule in its published form, available here, is about a 29 page document, and only the first six pages detail the regulatory changes. The remaining pages are largely dedicated to reviewing and responding to comments submitted by the public. Many of these comments are similar to some of the suggestions poised at a recent Form I-9 stakeholders meeting for how to improve the Form I-9 or its process.

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.


To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.