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PROPOSED RULE FOR REDUCING NUMBER OF (I-9) ACCEPTABLE I-9 DOCUMENTS
[Federal Register: February 2, 1998 (Volume 63, Number 21)]
[Proposed Rules]
[Page 5287-5314]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe98-25]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 274a and 299
[INS No. 1890-97]
RIN 1115-AE94
Reduction in the Number of Acceptable Documents and Other Changes to Employment
Verification Requirements
Agency: Immigration and Naturalization Service, Justice.
Action: Proposed rule.
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Summary: The Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (IIRIRA) amended existing law by eliminating certain
documents currently used in the employment eligibility verification
(Form I-9) process. This rule proposes to shorten the list of documents
acceptable for verification. Currently, newly hired individuals may
choose from among 29 documents to establish their identity and
eligibility to work in the United States. The proposed rule cuts that
number approximately in half. In addition, the proposed rule clarifies
and expands the receipt rule, under which individuals may present a
receipt instead of a required document in certain circumstances. It
also explains that employers may complete the Form I-9 before the time
of hire or at the time of hire, so long as they have made a commitment
to hire and provided that the employer completes the Form I-9 at the
same point in the employment process for all employees. The proposed
rule also details reverification requirements and includes a proposal
for a new employment eligibility reverification form (Form I-9A), adds
the Federal Government to the definition of ``entity,'' and clarifies
the Immigration and Naturalization Service's (Service or INS) subpoena
authority. In addition to making those changes, the Service proposes to
restructure the rule to make it easier to
[[Page 5288]]
understand, use, and cite. A copy of the draft Form I-9, which includes
the proposed Form I-9A and an expanded instruction sheet, is being
published as an attachment to this rule. This rule is intended to
simplify and clarify the verification requirements.
Dates: Written comments must be submitted on or before April 3, 1998.
Comments received after this date will be considered if it is practical
to do so, but the Service is able to ensure consideration only for
comments received on or before this date.
Addresses: Written comments: Please submit written comments, one
original and two copies, to the Director, Policy Directives and
Instructions Branch, Immigration and Naturalization Service, 425 I
Street, NW., Room 5307, Washington, DC 20536. To ensure proper
handling, please reference INS No. 1890-97 on your correspondence.
Comments are available for public inspection at the above address by
calling (202) 514-3048 to arrange for an appointment.
To assist reviewers, where possible, comments should
reference the
specific section or paragraph which the comment addresses. Although
this is not required, it would assist reviewers if, in addition to the
requested copies, a copy of the comments is provided on a floppy disk
in plain text or WordPerfect 5.1 format. Written comments should be
specific, should be confined to issues pertinent to the rule, and
should explain the reason for any recommended change.
Electronic comments: With this proposed rule, the Service is
testing for the first time the possibility of accepting comments
electronically. Comments may be sent using electronic mail (email) to:
I9INFO@usdoj.gov. The need to submit copies of the comments is waived
for comments submitted by email. Electronically filed comments that
conform to the guidelines of this paragraph will be considered part of
the record and accorded the same treatment as comments submitted on
paper. Comments should reference INS No. 1890-97 in the subject line
and the body of the message. The comments should appear either in the
body of the message or in a WordPerfect 5.1 attachment. The Service
cannot guarantee consideration of attachments submitted in other
formats. Comments submitted electronically must also contain the
sender's name, address, and telephone number for possible verification.
For further information contact: Marion Metcalf, Policy Analyst, HQIRT,
425 I Street NW., Washington, DC, 20536; (202) 514-2764; or email at
metcalfm@justice.usdoj.gov. Please note that the email address is for
further information only and may not be used for the submission of
comments.
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The entire (lengthy) regulation can be downloaded from the Government
Printing Office website at:
http://www.access.gpo.gov/su_docs/aces/aces140.html
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