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Expired Documents No Longer Valid For Employment Authorization

Published by on January 2, 2009

The Department of Homeland Security has issued an amended regulation regarding the types of acceptable identity and employment authorization documents and receipts that employees may present to their employers for completion of the Form I-9, Employment Eligibility Verification.  Employers should be aware that under this interim rule, employers no longer may accept expired documents to […]

The Department of Homeland Security has issued an amended regulation regarding the types of acceptable identity and employment authorization documents and receipts that employees may present to their employers for completion of the Form I-9, Employment Eligibility Verification.  Employers should be aware that under this interim rule, employers no longer may accept expired documents to verify employment authorization on the Form I-9.  The interim rule also adds a new document to the list of acceptable documents that evidence both identity and employment authorization. 

The regulations are effective February 2, 2009, and the Federal Register section on the interim regulations can be found here.  More after the break.

UPDATEDPlease refer to our February 2, 2009, post regarding the effective date of these regulations being extended until April 2009.

Here is the revised list of acceptable employment authorization and identity documents from the interim regulation:

REVISED LIST OF ACCEPTABLE EMPLOYMENT AUTHORIZATION AND INDENTITY DOCUMENTS: Individual may present either an original document which establishes both employment authorization and identity, or an original document which establishes employment authorization and a separate original document which establishes identity. Only unexpired documents are acceptable. The identification number and expiration date (if any) of all documents must be noted in the appropriate space provided on the Form I-9. The following documents, so long as they appear to relate to the individual presenting the document, are acceptable to evidence both identity and employment authorization:

 United States passport;

 An Alien Registration Receipt Card or Permanent Resident Card (Form I-551);

 A foreign passport that contains a temporary I-551 stamp, or temporary I-551 printed notation on a machine-readable immigrant visa;

 An Employment Authorization Document that contains a photograph (Form I-766);

 In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with a Form I-94 or Form I-94A bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, as long as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the Form;

 A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with 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.

 A Social Security account number card other than one that specifies on the face that the issuance of the card does not authorize employment in the United States;

 Certification of Birth issued by the Department of State, Form FS-545;

 Certification of Report of Birth issued by the Department of State, Form DS-1350;

 United States Citizen Identification Card, Form I-197;

 Identification card for use of resident citizen in the United States, Form I-179;

 An employment authorization document issued by the Department of Homeland Security.

 Form I-94 or I-94A indicating temporary evidence of permanent resident status. The individual indicates in section 1 of the Form I-9 that he or she is a lawful permanent resident and the individual:

  • i. Presents the arrival portion of Form I-94 or Form I-94A with an unexpired foreign passport containing an unexpired “Temporary I-551” stamp and a photograph of the individual, which is designated for purposes of this section as a receipt for Form I-551; and
  • ii. Presents the Form I-551 by the expiration date of the “Temporary I-551” stamp or, if the stamp or statement has no expiration date, within one year from the issuance date of the arrival portion of the Form I-94 or Form I-94A; or

 Form I-94 or I-94A indicating refugee status. The individual indicates in section 1 of the Form I-9 that he or she is an alien authorized to work and the individual:

  • i. Presents the departure portion of Form I-94 or I-94A containing an unexpired refugee admission stamp, which is designated for purposes of this section as a receipt for the Form I-766, or a social security account number card that contains no employment restrictions; and
  • ii. Presents, within 90 days of the hire or, in the case of reverification, the date employment authorization expires, either an unexpired Form I-766, or a social security account number card that contains no employment restrictions.
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