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Immigration News: Interim Regulation Reducing Number of Acceptable I-9 Documents Cleared for Publication

December 09, 2008

By The Immigration Practice Group

On December 2, 2008, the Office of Management and Budget (OMB) concluded its review of a Department of Homeland Security (DHS) interim final rule that will reduce the number of documents that employers may accept from employees when completing an I-9 employment verification form. Although we cannot be certain of the exact date, we expect that DHS will publish the regulation in the Federal Register in the near future and that, as an interim rule, it will be effective either upon publication or very soon after. DHS will also need to publish a new version of the I-9 form to conform to the regulation.

According to the abstract of the rule available on OMB's website, the rule will amend the list of acceptable documents on the I-9 form by eliminating a number of identity (List B) and employment eligibility (List C) documents and by requiring all I-9 documents to be unexpired. Paul Hastings will continue to track the progress of the regulation and will provide additional information as soon as it becomes available.