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USCIS Revises Form I-9

December 15, 2008
Immigration Advisory

On December 12, 2008, United States Citizenship and Immigration Services (USCIS) announced that it submitted an interim final rule revising the Form I-9, Employment Eligibly Verification Form to the Federal Register.

Most significantly the interim final rule prohibits the use of expired documents as acceptable forms of identification. The interim final rule also removes Forms I-688, Temporary Resident Card, I-688A, Employment Authorization Card and I-688B, Employment Authorization Card from List A. USCIS no longer issues these cards, and all cards in circulation have expired. The interim final rule adds to List A foreign passports containing certain machine-readable immigrant visas and passports from the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) with valid Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association between the United States and the FSM or RMI. The interim final rule also includes technical updates and corrections.

The revised Form I-9 will be available on the USCIS website 45 days after the interim final rule is published in the Federal Register. Employers must use the revised Form I-9 for all new hires and reverifications beginning 45 days after publication in the Federal Register. The current version of the Form I-9 (dated 06/05/2007) will no longer be valid for use as of that date. Employers are not required to have current or former employees complete the revised Form I-9.

For more about this or any other work authorization or immigration matter, contact Kimberly A. Clarke or Nina G. Thekdi.

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