[Federal Register Volume 60, Number 120 (Thursday, June 22, 1995)]
[Proposed Rules]
[Pages 32472-32477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15232]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 120 / Thursday, June 22, 1995 /
Proposed Rules
[[Page 32472]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 210, 245a, 264, and 274a
[INS No. 1399S-94]
RIN 1115-AB73
Control of Employment of Aliens
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Supplement to proposed rule.
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SUMMARY: On November 23, 1993, the Immigration and Naturalization
Service (the Service) published a proposed rule in the Federal Register
at 58 FR 61846-61850, which would reduce the number of documents that
were acceptable for purposes of completing the Employment Eligibility
Verification Form (Form I-9). A number of significant concerns
regarding the agency's proposal were raised by the public and this
supplement is being issued to address those concerns before proceeding
with final rulemaking. This supplement proposes to simplify compliance
with the employment eligibility verification requirements by further
reducing the number of Service-issued documents that are acceptable for
purposes of completing the Form I-9. It also contains other
improvements in the system developed by the Service, including
introduction of a new, more secure employment authorization document
and related regulatory changes. The aim of these changes, along with
reduction in the number of acceptable documents, is to produce an
employment eligibility verification system that employers can use more
easily and effectively. If this is accomplished, the potential for
employment discrimination based on misapplication of the employment
eligibility verification requirements should also be reduced.
DATES: Written comments must be submitted on or before July 24, 1995.
ADDRESSES: Please submit written comments, in triplicate, to the
Director, Policy Directives and Instructions, Immigration and
Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC
20536, Attn: Public Comment Clerk. To ensure proper handling, please
reference INS number 1399S-94 on your correspondence. Comments are
available for public inspection at this location by calling (202) 514-
3048 to arrange an appointment.
FOR FURTHER INFORMATION CONTACT:Cristina Hamilton (General Counsel),
telephone (202) 514-2895; David Yost (Investigations), telephone (202)
514-2998; Jackie Bednarz (Adjudications), telephone (202) 514-5014. The
street address is: Immigration and Naturalization Service, 425 I
Street, NW., Washington, DC 20536.
SUPPLEMENTARY INFORMATION: This is a supplement to the proposed rule to
reduce the number of Service-issued documents that are acceptable for
purposes of completing the Employment Eligibility Verification Form
(Form I-9). The proposed rule was published at 58 FR 61846-61850 on
November 23, 1993, and provided for a 30-day comment period which
expired on December 23, 1993. The rule was proposed to further simplify
compliance with the employment eligibility verification requirements
and to address the concerns of employers who allege confusion created
by the number of acceptable documents on the From I-9.
During the comment period, questions were raised about retaining
Federal identification documents in the employment eligibility
verification process and also about sharing burdens between employers
and employees in re-verifying employment eligibility.
Since the comment period, a Process Action Team (PAT team)
containing representatives of various Service components has continued
to discuss methods of reducing the number of documents used to verify
employment eligibility. One approach that the Service anticipates will
be implemented by January 1, 1996, is the introduction of a new, more
secure employment authorization document (EAD), the Form I-766, that
will replace two other EADs, the Form I-688A and Form I-688B.
In addition, this supplement addresses other employer sanctions-
related issues discussed by the PAT team that have been raised by
legislation, regulatory changes, or Service interaction with the
public. These include the changes in the Higher Education Amendments of
1992 for students enrolled in the Federal Work Study Program, and
clarification of the ``receipt rule'' in 8 CFR 274a.2(b)(1)(vi). Also
discussed is the fact that an older Alien Registration Receipt Card
(Form I-151) may still be used for employment eligibility verification
because of a delayed effective date of the rule terminating its
validity.
Besides these matters, the supplement proposes various regulatory
changes related to the introduction of the new Form I-766. This will
include designation in 8 CFR 264.1 of the I-766 as evidence of alien
registration for I-688A holders. Changes are proposed in 8 CFR parts
210 and 245a to accommodate changing document numbers. Other revised
language in 8 CFR 274a.12(c) clarifies language in the original
proposed rule specifying the regulatory basis for work authorization
for legalization applicants. Also proposed is regulatory language
lifting a stay on the effective date of 8 CFR 274a.14(c) which
terminates the validity of various paper work permits issued by the
Service before June 1, 1987.
The thrust of these changes, along with reduction in the number of
acceptable documents, is to reduce uncertainty on the part of employers
and make the employment eligibility verification system more effective.
Another benefit of a more effective system would be to reduce the
potential for employment discrimination based upon misunderstandings of
the employment eligibility verification requirements.
The following is a discussion of proposed changes to the proposed
rule as a result of public comments, recent legislation and regulatory
changes. Also discussed are changes recommended by the Process Action
Team for reducing the number of documents used to verify employment
eligibility and otherwise improving the verification system.
Elimination of Federal Identification Documents
The Service has determined that eliminating Federal identification
cards from the category of List B identity documents is consistent with
its goal of document reduction and also is consistent with its purpose
in the original proposed rule of eliminating [[Page 32473]] military
documents. At least one commenter noted that the Service's intentions
were unclear with respect to the elimination of military identification
documents because, while removing military identification documents, it
had retained Federal identification cards. The Service agrees with the
commenter that failure to eliminate the Federal identification card
creates confusion, as many categories of military cards meet the
criteria of Federal identification documents. For that reason, and
because it remains the Service's objective to eliminate as many
documents as possible, the Service proposes eliminating Federal
identification cards.
Modifications to Section 3 of the Form I-9
During the comment period for the proposed rule, at least two
commenters, one representing a significant number of employers,
expressed the view that employees should be required to complete an
attestation in Section 3 of the Form I-9 during the reverification
process indicating that the employee is authorized to work in the
United States and disclosing any future expiration date of the
employee's work authorization. These recommendations are changes which
the Service had previously considered and which the Service believes
have merit.
At the present time, if an employee's work authorization expires,
the employer must reverify that the employee continues to be eligible
to work. Reverification may be accomplished either in Section 3 of the
original Form I-9 or in Section 3 of a separate Form I-9 attached to
the original. For subsequent reverifications, additional Form I-9 are
used. The employer satisfies this requirement by reviewing the document
presented by the employee and by completing Section 3--``Updating and
Reverification''--on the original Form I-9, or by attaching a new Form
I-9 to the original and entering the employee's name in Section 1 and
completing Section 3 of the new Form I-9. The employee must present a
document which shows that he or she is currently eligible to work in
the United States.
This supplement to the proposed rule proposes to amend
Sec. 274a.2(b)(1)(vii) to create a requirement that the employee sign
an attestation in Section 3 of the Form I-9 during the reverification
process, indicating that he or she is authorized to work in the United
States. In addition, the employee will be required to check the
appropriate box indicating that he or she will continue to be
authorized to work in the United States indefinitely, or that he or she
will be authorized to work in the United States until a certain date.
If the employee's work authorization bears a future expiration date,
the employee will be required to provide this date. These proposed
requirements are intended to alleviate some of the burden placed upon
an employer who is presented at the time of reverification with
documents purporting to show the employee's new or extended employment
authorization when the employer may have a suspicion that the employee
is no longer employment eligible. This will make both the employer and
the employee responsible for the reverification process.
Because some employees may not be able to complete Section 3 or may
need it translated, the Form I-9 will be modified to include an
additional Preparer/Translator Certification block for use with Section
3. It is anticipated that the existing Preparer/Translator
Certification block will be removed from Section 1. A new Section 4
will be created, and will include two Preparer/Translator Certification
blocks--one for use with Section 1 when the Form I-9 is initially
completed, and one for use during the reverification process when
Section 3 of the Form I-9 is completed.
To more clearly reflect existing law, the Service will further
modify the Form I-9 by stating on the form that the recording of the
employee's Social Security number in Section 1 is voluntary. It is the
Service's opinion that these changes will significantly improve the
employment eligibility verification system.
Clarification of the ``Receipt Rule''
From inquiries outside the Service, it has become apparent that
there is a common misconception among employers that the ``receipt
rule'' contained in 8 CFR 274a.2(b)(1)(vi) permits employers to accept
receipts for applications for documents at the time of reverifying
employment eligibility as well as at the time of hire. The Service
recognizes that an employee may lose an employment authorization
document just as easily after his or her employment eligibility has
been verified as before. Thus it is logical to apply the ``receipt
rule'' to the reverification process as well. For this reason and
because the Service is proposing to require an attestation by the
employee at the time of reverification, the Service believes that it is
now appropriate to authorize the use of receipts at the time of
reverification.
This supplement proposes to provide that if an employee is unable
to present a document at the time of reverification, the receipt for an
application for a replacement document must be presented not later than
the expiration of the original work authorization and the replacement
document must be presented not later than 90 days after the expiration
of that work authorization. This rule would retain the original
language of the section providing that it does not apply to aliens who
indicate that they do not have work authorization at the time of hire.
This rule would not apply to aliens who would be presenting a
receipt for the application for the renewal of employment
authorization. These persons must have an employment authorization
document evidencing renewal of their employment authorization or
interim employment authorization. If an application for employment
authorization has not been adjudicated within 90 days of filing, the
applicant is entitled pursuant to 8 CFR 274a.13(d) to an interim
employment authorization of no more than 240 days while the application
is adjudicated.
The Higher Education Amendments
The Higher Education Amendments of 1992 authorized students in the
Federal Work Study Program to present to the employer original or
certified copies of the documents collected and maintained by an
eligible institution in the admission of the student to the institution
in lieu of the documents used to establish both employment eligibility
and identity.
To incorporate these changes into the employment eligibility
verification system, the Service proposes to amend Sec. 274a.2(b)(1)(v)
to include these documents as List A documents. Further, the revised
Form I-9 will reflect the new option, and the revised Handbook for
Employers (M-274) will explain that the entire admissions package, not
just selected portions of the package, must be presented to the
employer to satisfy the requirements of section 274A of the Act.
Validity of Form I-151 as List A Document
On September 20, 1993, the Service published a final rule in the
Federal Register at 58 FR 48775-48780, which terminated the validity of
the Alien Registration Receipt Card, Form I-151, effective September
20, 1994. The effective date was delayed until March 20, 1995, by final
rule published in the Federal Register at 59 FR 47063, and it was
further delayed until March 20, 1996, by final rule published on March
17, 1995, at 14353. The delay in the effective dates were needed to
minimize [[Page 32474]] the possibility that lawful permanent residents
who apply for a replacement Form I-551, Alien Registration Receipt
Card, or for naturalization have their applications adjudicated before
expiration of the Form I-151 on March 20, 1996.
The final rule will remove references to the Form I-151 throughout
Title 8 of the Code of Federal Regulations, including the reference to
the Form I-151 as a List A document in 8 CFR 274a.2(b)(1)(v). Thus the
Form I-151 will be removed as a List A document when the final rule
becomes effective as anticipated on March 20, 1996.
Elimination of the Form I-688B and Introduction of a More Secure
Employment Authorization Document (EAD) (Form I-766)
In another employment-related matter arising since publication of
the proposed rule, the Service has determined that utilizing state-of-
the-art technology at one or more of its service centers will enable
the Service to produce a more secure EAD which will benefit employers,
aliens who have been granted employment authorization, and the Service
as well. The Service is using this supplement as a vehicle to advise
the public of its intention to centralize EAD production.
Currently about one half of all EAD applications are filed and
processed at the service centers through Direct Mail, and the Service
plans to shift almost all remaining EAD applications to Direct Mail as
a new production system becomes available in the service centers.
[Direct Mail is a Service program under which the public files certain
applications and petitions for benefits under the Immigration and
Nationality Act (Act), as amended, at service centers instead of field
offices.] This partial centralization has improved inventory control,
data integrity, and overall service. It has also made the employment
authorization data available for verification purposes sooner than it
is from decentralized work stations.
With the introduction of the new EAD, Form I-766, Form I-688B will
be eliminated. This is consistent with the overall purpose of this rule
and these changes are reflected in the proposed rule. Elimination of
the Form I-688A, another current version of the EAD, was previously
announced in the proposed rule published at 58 FR 61846 on November 23,
1993.
It is the Service's intention to eliminate both Forms I-688A and I-
688B as acceptable evidence of employment authorization as of December
31, 1996. Since all Forms I-688A and most Forms I-688B are issued for a
1-year validity period, this elimination will be accomplished in large
measure by the Service's ceasing to issue Forms I-688A and I-688B on or
before December 31, 1995, at which time the I-766 will be in
production.
The Service will replace any cards with validity dates beyond
December 31, 1996, with Forms I-766. While the Service has directed
that no Form I-688A (or sticker affixed thereto) be issued or extended
to a validity date beyond December 31, 1996, an undetermined number of
these documents may have been inadvertently issued or extended beyond
that date. Further, the Service estimates on the basis of internal data
that as of December 31, 1996, there will be approximately 30,000 Forms
I-688B with validity dates beyond that date, due to exceptions to the
general practice of issuance in 1-year increments.
The Service has determined that the benefits of a more secure EAD
justify a requirement that still-valid Forms I-688A and I-688B alike be
replaced with the Form I-766. Further, the fact that the Service's
adjudications function no longer receives appropriated funds means that
the cost of replacing these cards must come from user fees. In both the
Independent Office Appropriation Act, 31 U.S.C. 9701(a), and
legislation establishing an ``Immigration Examination Fee Account,''
Section 286(m) of the Act, 8 U.S.C. 1356, Congress has authorized the
setting of fees that recover the costs of providing services to aliens.
For these reasons, the Service intends to require the standard filing
fee for Form I-765 from aliens in these classes applying for
replacement EADs.
Holders of Forms I-688A with expiration dates beyond December 31,
1996, will be aliens with pending applications for temporary resident
status under sections 210 or 245a of the Act. Current regulations at 8
CFR 103.7(b)(1) do not address the question of fees for renewal of
Forms I-688A for these persons, who applied under either section 210 on
Form I-700 or under section 245a on Form I-687. However, the Service
has administratively exempted this class of aliens from fees for
renewal of Forms I-688A since Forms I-687 and I-700 were approved for
use. For the reasons discussed above, this practice will cease with
introduction of the Form I-766.
Most multiple-year Forms I-688B are issued to dependents of
diplomatic, consular and international officials, as well as dependents
of certain exchange visitors. Similarly, current regulations at 8 CFR
103.7(b)(1) provide no exemption of the filing fee for the Application
for Employment Authorization, Form I-765, for the dependents described
above. The Service has, however, administratively exempted this class
of aliens from fees since Form I-765 was approved for use. For this
class, too, this practice will cease with introduction of Form I-766.
The Service will accept applications to replace with Form I-766 all
Forms I-688A and I-688B carrying a validity date beyond December 31,
1996, for a specified period of time. By separate notice, the Service
will inform the public of the exact dates of this application period.
Further, the Service will take appropriate steps to notify holders of
multiple-year Forms I-688B through the Department of State and the
United States Information Agency, the government agencies with the
closest liaison with the affected communities.
Other regulatory changes are also needed to reflect introduction of
Form I-766. In the proposed rule published November 23, 1993, the
Service proposed amending 8 CFR parts 210 and 245a to reflect
replacement of Form I-688A with I-688B. Since introduction of Form I-
766 will make it necessary to further amend those parts, the Service
proposes to replace references to specifically numbered forms with a
more general reference to ``employment authorization document.''
Current language in those sections providing for employment
authorization in 6-month increments will be made consistent with
language in the new 8 CFR 274a.12(c) providing for employment
authorization in increments not to exceed 1 year.
Further, to clarify the regulatory basis for work authorization in
8 CFR 274a.12 for legalization applicants under sections 210 and 245a
of the Act, the Service is proposing to add a paragraph to 8 CFR
274a.12(c) to include this group in that class of aliens who must apply
for employment authorization while an application is pending. A similar
provision was included in the proposed rule originally published, but
the language proposed in this supplement makes it clear that
eligibility for employment authorization is during the period in which
the legalization application is pending.
Additionally, Form I-688A is designated by existing regulation as
evidence of alien registration. The Service proposes to amend 8 CFR
part 264 to make Form I-766, which will replace Form I-688A, evidence
of alien registration in one instance. It will be such evidence only
for persons who have legalization applications under sections 210 and
245a of the Act [[Page 32475]] pending before the Service (including
any period of administrative review).
With the introduction of Form I-766, it is appropriate to revisit
the final rule published on June 1, 1988, at 53 FR 20086-87, staying
and suspending the automatic termination provisions of 8 CFR
274a.14(c). Without the stay, employment authorizations granted by the
Service before June 1, 1987, for a period beyond June 1, 1988, were to
be automatically terminated by regulation. The stay was imposed ``to
promote clarity in the issuance of employment authorization documents''
while the Service continued to investigate technologies for a secure,
standardized employment authorization system.
The Service's view is that the technology behind Form I-766
represents an important step toward such a system. There may still be
in circulation an undetermined number of Service-issued paper work
permits issued before June 1, 1987, that fall within this regulation.
It has remained the Service's intent to automatically invalidate such
paper documents under the terms of 8 CFR 274a.14(c), which was stayed
and suspended. Consistent with the purpose of this rulemaking, then,
the Service proposes to lift the stay on termination of these
documents, effective December 31, 1996. Holders of such documents would
be required to obtain the new, secure Form I-766.
Overall, this requirement would further reduce the number of EADs
with which employers must be familiar in order to comply with Section
274A of the Act. In that regard, it is also consistent with Service
plans to terminate Forms I-688A and I-688B as employment authorization
documents effective December 31, 1996.
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.
Executive Order 12866
This rule is considered by the Department of Justice, Immigration
and Naturalization Service, to be a ``significant regulatory action''
under Executive Order 12866, section 3(f), Regulatory Planning and
Review, and has been reviewed by the Office of Management and Budget
(OMB). As noted in the supplementary section of this rule, this action
is intended to streamline and simplify compliance with the employment
eligibility verification requirements of the Act.
Executive Order 12612
The regulation proposed herein will not have substantial direct
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 rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Executive Order 12606
The Commissioner of the Immigration and Naturalization Service
certifies that she has assessed this rule in light of the criteria in
Executive Order 12606 and has determined that this regulation will not
have an impact on family well-being.
The information collection requirements contained in this rule have
been cleared by OMB under the provisions of the Paperwork Reduction
Act. The OMB clearance number is 1115-0136.
List of Subjects
8 CFR Part 210
Aliens, Migrant labor, Reporting and recordkeeping requirements.
8 CFR Part 245a
Aliens, Immigration, Reporting and recordkeeping requirements.
8 CFR Part 264
Administrative practice and procedure, Aliens, Registration.
8 CFR Part 274a
Administrative practice and procedure, Aliens, Employment,
Penalties, Reporting and recordkeeping requirements.
Accordingly, chapter I of title 8 of the Code of Federal
Regulations is proposed to be amended as follows:
PART 210--SPECIAL AGRICULTURAL WORKERS
1. The authority citation for part 210 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1160; 8 CFR part 2.
2. In Sec. 210.4 paragraphs (b)(2) and (3) are revised to read as
follows:
Sec. 210.4 Status and benefits.
* * * * *
(b) * * *
(2) Employment and travel authorization prior to the granting of
temporary resident status. Permission to travel abroad and to accept
employment will be granted to the applicant after an interview has been
conducted in connection with a nonfrivolous application at a Service
office. If an interview appointment cannot be scheduled within 30 days
from the date an application is filed at a Service office,
authorization to accept employment will be granted, valid until the
scheduled appointment date. Employment authorization, both prior and
subsequent to an interview, will be restricted to increments not
exceeding 1 year, pending final determination on the application for
temporary resident status. If a final determination has not been made
prior to the expiration date on the employment authorization document,
that date may be extended upon return of the employment authorization
document by the applicant to the appropriate Service office. Persons
submitting applications who currently have work authorization incident
to status as defined in Sec. 274a.12(b) of this chapter shall be
granted work authorization by the Service effective on the date the
alien's prior work authorization expires. Permission to travel abroad
shall be granted in accordance with the Service's advance parole
provisions contained in Sec. 212.5(e) of this chapter.
(3) Employment and travel authorization upon grant of temporary
resident status. Upon the granting of an application for adjustment to
temporary resident status, the service center will forward a notice of
approval to the applicant at his or her last known address and to his
or her qualified designated entity or representative. The applicant may
appear at any Service office, and upon surrender of the previously
issued employment authorization card, will be issued Form I-688,
Temporary Resident Card. An alien whose status is adjusted to that of a
lawful temporary resident under section 210 of the Act has the right to
reside in the United States, to travel abroad (including commuting from
a residence abroad), and to accept employment in the United States in
the same manner as aliens lawfully admitted to permanent resident.
* * * * * [[Page 32476]]
PART 245a--ADJUSTMENT OF STATUS TO THAT OF PERSONS ADMITTED FOR
LAWFUL TEMPORARY OR PERMANENT RESIDENT STATUS UNDER SECTION 245A OF
THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED BY PUBLIC LAW 99-
603, THE IMMIGRATION REFORM AND CONTROL ACT OF 1986, AND PUBLIC LAW
100-204, SECTION 902
3. The authority citation for part 245a continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1255a and 1255a note.
4. In Sec. 245a.2 paragraph (n)(2) heading, and paragraphs
(n)(2)(ii) and (n)(3) are revised to read as follows:
Sec. 245a.2 Application for temporary residence.
* * * * *
(n) * * *
(2) Employment authorization prior to the granting of temporary
resident status.
* * * * *
(ii) If an interview appointment cannot be scheduled within 30 days
from the date an application is filed at a Service office,
authorization to accept employment will be granted, valid until the
scheduled appointment date. Employment authorization, both prior and
subsequent to an interview, will be restricted to increments not
exceeding 1 year, pending final determination on the application for
temporary resident status. If a final determination has not been made
prior to the expiration date on the employment authorization document,
that date may be extended upon return of the employment authorization
document by the applicant to the appropriate Service office.
(3) Employment and travel authorization upon grant of temporary
resident status. Upon the granting of an application for adjustment to
temporary resident status, the service center will forward a notice of
approval to the applicant at his or her last known address and to his
or her qualified designated entity or representative. The applicant may
appear at any Service office, and upon surrender of the previously
issued employment authorization card, will be issued Form I-688,
Temporary Resident Card, authorizing employment and travel abroad.
* * * * *
PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED
STATES
5. The authority citation for part 264 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1201, 1201a, 1301-1305.
6. In Sec. 264.1 paragraph (b) is amended by revising the entry for
``Form I-688A'' and by adding the entry for ``Form I-766'' to the
listing of forms, in proper numerical sequence, to read as follows:
Sec. 264.1 Registration and fingerprinting.
* * * * *
(b) * * *
I-688A, Employment Authorization Card (until December 31, 1996). I-
766, Employment Authorization--Applicants under sections 210 and 245a
of the Immigration and Nationality Act, as amended, during such time as
an application is pending before the Service, (including any period of
administrative review).
* * * * *
PART 274a--CONTROL OF EMPLOYMENT OF ALIENS
7. The authority citation for part 274a continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2.
8. Section 274a.2 is amended by:
a. Revising paragraphs (b)(1)(v)(a) (6) and (7);
b. Revising paragraph (b)(1)(v)(B)(1)(i); and by
c. Revising paragraphs (b)(1)(vi) and (vii), to read as follows:
Sec. 274a.2 Verification of employment eligibility.
* * * * *
(b) * * *
(1) * * *
(v) * * *
(A) * * *
(6) An unexpired employment authorization document issued by the
Immigration and Naturalization Service which contains a photograph, INS
Form I-766, INS Form I-688, INS Form I-688A, (until December 31, 1996),
or INS Form I-688B, (until December 31, 1996);
(7) For student participants in Federal Work-Study programs,
documents collected and maintained by eligible institutions in the
admission of those students to the institutions;
* * * * *
(B) * * *
(1) * * *
(i) A driver's license or identification card issued by a state (as
defined in section 101(a)(36) of the Act), or outlying possession (as
defined in section 101(a)(29) of the Act) of the United States,
provided the document contains a photograph and the following
information: name, date of birth, and sex;
* * * * *
(vi) If an individual is unable to provide the required document or
documents within the time periods specified in paragraphs (b)(1) (ii)
and (iv) of this section, the individual must present a receipt for the
application of the replacement document or documents within 3 business
days of the hire and present the required document or documents within
90 days of the hire. If an individual is unable to provide the required
document or documents within the time period specified in paragraph
(b)(1)(vii) of this section, the individual must present a receipt for
the application of the replacement document or documents not later than
the date work authorization expires and present the required document
or documents within 90 days of that expiration date. This section does
not apply to an alien who indicates that he or she does not have work
authorization at the time of hire. Nor does it apply to an alien who
does not have at the time of reverification an employment authorization
document evidencing renewal of employment authorization or interim
employment authorization pursuant to 8 CFR 274a.13(d).
(vii) If an individual's employment authorization expires, the
employer, recruiter or referrer for a fee must reverify on Form I-9 to
reflect that the individual is still authorized to work in the United
States; otherwise the individual may no longer be employed, recruited,
or referred. Reverification on the Form I-9 must occur not later than
the date work authorization expires. In order to reverify on the Form
I-9, the employee or referred individual must present a document that
either shows continuing employment eligibility or is a new grant of
work authorization. The employer or recruiter or referrer for a fee
must review this document, and if it appears to be genuine and to
relate to the individual, reverify by noting the document's
identification number and expiration date on the Form I-9. The employee
must sign and date the Form I-9 in the appropriate block in section 3,
thereby attesting that he or she is authorized to work in the United
States. In addition, the employee must mark the appropriate box
indicating that he or she is authorized to work in the United States
indefinitely, or that he or she is authorized to work in the United
States [[Page 32477]] until a certain date. If the employee's work
authorization will expire, the employee must provide the expiration
date in the appropriate space in section 3 of the Form I-9. If an
individual is unable to complete section 3 of the Form I-9 or needs it
translated, someone may assist him or her. The preparer or translator
must read the Form to the employee, assist him or her in completing
section 3--``Updating and Reverification,'' and have the individual
sign or mark the Form in the appropriate place. The preparer or
translator must then complete the ``Preparer/Translator Certification''
portion for section 3 of the Form I-9.
* * * * *
9. In Sec. 274a.12, a new paragraph (c)(20) is added, to read as
follows:
Sec. 274a.12 Classes of aliens authorized to accept employment.
* * * * *
(c) * * *
(20) Any alien who has filed a completed legalization application
pursuant to either section 210 or 245A of the Act (and either 8 CFR
parts 210 or 245a). Employment authorization shall be granted in
increments not exceeding 1 year during the period the application is
pending (including any period when an administrative appeal is pending)
and shall expire on a specified date.
* * * * *
10. In Sec. 274a.14 paragraphs (c) (1) and (2) are revised to read
as follows:
Sec. 274a.14 Termination of employment authorization.
* * * * *
(c) Automatic termination of temporary employment authorization
granted prior to June 1, 1987.--(1) Temporary employment authorization
granted prior to June 1, 1987 pursuant to 8 CFR 109.1(b) or its
redesignation as Sec. 274a.12(c), shall automatically terminate on the
date specified by the Service on the document issued to the alien, or
on December 31, 1996, whichever is earlier. Automatic termination of
temporary employment authorization does not preclude a subsequent
application for temporary employment authorization.
(2) A document issued by the Service prior to June 1, 1987, that
authorizes temporary employment authorization for any period beyond
December 31, 1996, is null and void pursuant to paragraph (c)(1) of
this section, and must be surrendered to the Service on the date that
the temporary employment authorization terminates or on December 31,
1996, whichever is earlier. The alien shall be issued a new employment
authorization document at the time the document is surrendered to the
Service if the alien is eligible for temporary employment authorization
pursuant to Sec. 274a.12(c).
* * * * *
Dated: April 25, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 95-15232 Filed 6-21-95; 8:45 am]
BILLING CODE 4410-10-M
