[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Rules and Regulations]
[Pages 52235-52236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25659]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 61, No. 195 / Monday, October 7, 1996 / Rules
and Regulations
[[Page 52235]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 274a
[INS No. 1738-95]
RIN 1115-AE21
Employer Sanctions Modifications; Warning Notices; Generation of
Blank Employment Eligibility Verification Forms (Forms I-9)
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: This rule amends the Immigration and Naturalization Service
(Service) regulations by allowing the Service to issue a Warning Notice
to employers in those cases where the Service has determined that a
person or entity has violated section 274A of the Immigration and
Nationality Act (the Act). The Warning Notice will be issued in those
cases generally characterized by the identification of minor
verification violations and the expectation of future compliance by the
violator. This amendment is necessary to state expressly current
Service policy and practice regarding the issuance of a Warning Notice
in lieu of a Notice of Intent to Fine. This rule will also allow
employers to generate blank copies of the Employment Eligibility
Verification Form (Form I-9) electronically and provides for single-
sided reproduction of the Form I-9, as well as the currently permitted
double-sided reproduction. This is intended to save employers the cost
of purchasing Forms I-9 and the burden of making double-sided copies of
the form.
DATES: This interim rule is effective October 7, 1996. Written comments
must be submitted on or before November 6, 1996.
ADDRESSES: Please submit written comments, in triplicate, 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 number 1738-95
on your correspondence. Comments are available for public inspection at
the above address by calling (202) 514-3048 to arrange for an
appointment.
FOR FURTHER INFORMATION CONTACT: Angelo V. Sorrento, Senior Special
Agent, Investigations Division, Immigration and Naturalization Service,
425 I Street NW., Room 1000, Washington, DC 20536, telephone (202) 514-
0747.
SUPPLEMENTARY INFORMATION:
Background
Over the past year, the Service has been reviewing its employer
sanctions policies and procedures to facilitate employer compliance
with the law and to improve enforcement efforts. This rule is part of
the Service's effort to achieve that goal.
Regulatory Changes
The Service's regulations require all employers to complete Forms
I-9, as evidence of verification of the identify and employment
eligibility of each employee hired after November 6, 1986. Currently,
the regulations permit the use of a Form I-9 which has been printed by
the Superintendent of Documents, reproduced by public or private
entities, or electronically generated, in accordance with the
requirements set forth in 8 CFR 299.4.
This rule amends 8 CFR 274a.2 by allowing employers to
electronically generate blank Forms I-9, provided that the resulting
form is legible; there is no change to the name, content, or sequence
of the data elements and instructions; no additional data elements or
language are inserted; and the paper used meets the standards for
retention and production for inspection specified under Sec. 274a.2(b).
When copying or printing the Form I-9, the text of the two-sided form
may be reproduced in either double-sided or single-sided copies.
The Service is also amending 8 CFR 274a.9 to allow the Service to
either issue and serve a Notice of Intent to Fine (NIF), Form I-763,
upon an alleged violator after the Service has determined that the
person or entity has violated section 274A of the Act, or issue a
Warning Notice, Form I-846, for minor verification violations in those
cases where the Service expects future compliance by the violator. A
Warning Notice notifies employers that they are not in full compliance
with the immigration laws relating to employment. The expectation is
that, after issuance of the Warning Notice, the relatively minor
violations will be corrected by the employer and not repeated.
Employers served with a Warning Notice will benefit by avoiding fines
normally levied by the issuance of a NIF. This rule will bring the
regulations into conformance with existing Service policy and will
allow the Service to issue a Warning Notice in lieu of a NIF and the
Department of Labor to continue to issue Warning Notices.
The Service's implementation of this rule as an interim rule, with
a 60-day provision for post-promulgation public comments, is based upon
the ``good cause'' exceptions found at 5 U.S.C. 553 (b)(B) and (d)(1).
The reasons and the necessity are as follows: this rule relieves a
restriction and is beneficial to both public and private entities by
facilitating employer compliance with the immigration laws.
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service, in
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and, by approving it, certifies that the rule
will not have a significant economic impact on a substantial number of
small entities for the following reasons: This rule is intended to
allow for the relief of fines on small entities for minor verification
violations contained in section 274A of the Act. This rule also reduces
an employer's burden of procuring Forms I-9 by allowing for the blank
electronic generation of this form in single-sided copies.
Exeuctive Order 12866
This rule is not considered by the Immigration and Naturalization
Service to be a ``significant regulatory action'' under Executive Order
12866, section 3(f), Regulatory Planning and Review, and the Office of
Management and
[[Page 52236]]
Budget has waived its review process under section 6(a)(3)(A).
Executive Order 12612
The regulations adopted herein will not have substantial different
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this rules
does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
List of Subjects in 8 CFR Part 274a
Administrative practice and procedure, Alien employment, Penalties,
Reporting and recordkeeping requirements.
Accordingly, part 274a of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 274a--CONTROL OF EMPLOYMENT OF ALIENS
1. The authority citation for part 274a continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2.
2. In Sec. 274a.2 paragraph, (a) is amended by revising the fifth
and sixth sentences to read as follows:
Sec. 274a.2 Verification of employment eligibility.
(a) General. * * * Employers may electronically generate blank
Forms I-9, provided that: the resulting form is legible; there is no
change to the name, content, or sequence of the data elements and
instructions; no additional data elements or language are inserted; and
the paper used meets the standards for retention and production for
inspection specified under Sec. 274a.2(b). When copying or printing the
Form I-9, the text of the two-sided form may be reproduced by making
either double-sided or single-sided copies. * * *
* * * * *
3. Section 274a.9 is amended by:
a. Revising the third sentence of paragraph (b);
b. Redesignating paragraphs (c), (d), and (e) as paragraphs (d),
(e) and (f) respectively; and
c. Adding a new paragraph (c), to read as follows:
Sec. 274a.9 Enforcement procedures.
* * * * *
(b) Investigation. * * * If it is determined after investigation
that the person or entity has violated section 274A of the Act, the
Service may issue and serve a Notice of Intent to Fine or a Warning
Notice upon the alleged violator. * * *
(c) Warning notice. The Service and/or the Department of Labor may
in their discretion issue a Warning Notice to a person or entity
alleged to have violated section 274A of the Act. This Warning Notice
will contain a statement of the basis for the violations and the
statutory provisions alleged to have been violated.
* * * * *
Dated: August 8, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-25659 Filed 10-4-96; 8:45 am]
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