Final Rule on I-9 Documents

U.S. Citizenship and Immigration Services (USCIS) has issued a final rule updating the list of documents that can be accepted for the Form I-9 process.

The rule finalizes an interim rule in effect since April 2009. USCIS received approximately 75 public comments on the interim rule but did not make any changes to the final rule based on the comments.

The rule eliminates forms I-688, I-688A, and I-688B from List A, the list of approved documents employees can present to show both identity and employment authorization. USCIS no longer issues these forms, which are temporary resident cards and older versions of the employment authorization card. All that were in circulation have expired.

Added to List A as approved documents are the new U.S. passport card, the temporary Form I-155, and documentation applicable to certain citizens of the Federated State of Micronesia and the Republic of the Marshall Islands. T he rule also prohibits employers from accepting expired documents.

The final rule is effective May 16, 2011 . Employers may continue to use the current version of the Form I-9 (Rev. 8/7/09) or the previous version (Rev. 2/2/09). The Handbook for Employers, Instructions for Completing the Form I-9, was updated in January 2011 and is available at www.uscis.gov/files/form/m-274.pdf.