The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRAIRA”) contained provisions relating to the types of documents employers may accept for employment verification (Form I-9 purposes). The new law reduces the number of such documents which may be accepted and required the changes take effect no later than September 30, 1997.
The INS has been greatly concerned by the impact a sudden change would have on employers. The INS had been pressing Congress to pass an amendment to extend the implementation deadline to September 30, 1998. The INS would use the time to implement an educational campaign to assist employers in adjusting to the transition.
Because Congress failed to approve an amendment by the deadline, the INS has issued an interim regulation to implement the new law by September 30th. The interim regulation will have a list of acceptable I-9 documents shorter than the one in the current I-9. Because it will be impossible to implement the document reduction program and revise the I-9 Form and the M-274 Handbook for Employers by the time the rule went into effect, the INS will provide a grace period for employers. The length of that grace period has not yet been determined by the INS.
The INS has redesignated all of the existing “List A” I-9 documents, except for Certificates of U.S. Citizenship; Certificates of
Naturalization; and foreign passport not meeting certain requirements. There will be no changes for now to List B and List C documents.
Employers will continue to use the present I-9 until the later of the implementation of a document reduction program or September 30, 1998 if Congress extends the deadline. We should note that earlier this week, the House of Representatives signed a bill that would extend the deadline by six months. We hope to report on this further next month.
In a related matter, the INS and the Social Security Administration are looking for employers to test three pilot programs designed to more quickly and accurately verify whether employees are eligible to work in the US. The new programs are also the result of a Congressional mandate contained in IIRAIRA. The pilots will test different approaches to electronically match information provided by employees demonstrating their work eligibility against existing information contained in electronic databases administered by the INS and SSA. The only cost to employers to participate will be the basic cost of the office equipment required to participate.
The first pilot program is the Basic Program designed to enable employers to verify employment eligibility, regardless of citizenship. This program will be tested in California, Texas, New York, Florida and Illinois and will involve using a touch-tone telephone and computerized verification checks of Social Security numbers and alien identification numbers through SSA and INS databases. The only equipment needed will be a touch tone phone, computer and modem.
The second program is the Citizen Attestation Pilot Program. The program allows employers to verify the status of workers who state on the I-9 Form that they are non-citizens. After hiring a worker, the employer will conduct a computerized verification check of the worker’s A Number in INS databases. This program is limited to states in which drivers’ licenses and identification cards have photographs and have tamper-resistant features. The INS will determine which states will participate after reviewing demand. The only equipment needed is a computer with a modem.
The third program is the Machine-Readable Document Pilot. The program is similar to the Basic Program except that employees will present a driver’s license with a machine-readable Social Security Number, name and date of birth. The program will initially be limited to Iowa, a state which issues cards with machine-readable features. Because the program will be technically difficult to implement, participants are expected to start with the Basic Program and then switch to this program later. Participants will need a touch tone phone, computer, modem and a machine to read machine-readable documents. Employers interested in participating should contact the INS’ SAVE program at the INS Headquarters in Washington. The telephone number is 202-514-2317.
The INS has also formally requested comments from the public regarding the implementation of the pilot programs. Those interested in submitting comments can contact Greg Siskind at [email protected] to be faxed the Federal Register section instructions on submitting comments.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.