AAAA Note: This OFCCP Directive Eliminates Five Forms from the List of Acceptable Documents:
Certificate of U.S. Citizenship (Forms N-560 or N-561)
Certificate of Naturalization (Forms N-550 or N-570)
Alien Registration Receipt Card (Form I-151)
Unexpired Reentry Permit (Form I-327)
Unexpired Refugee Travel Document (Form I-571)
Transmittal Number: 284
DATE: September 5, 2008
OFCCP ORDER NO.: ADM Notice/Other
SUBJECT: The U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services' (USCIS), revised Employment Eligibility Verification Form (Form I-9).
PURPOSE: To transmit the revised Form I-9 and the procedures for inspection of the Form I-9 while conducting the onsite phase of a compliance evaluation.
FILING INSTRUCTIONS:
Holders of ADM and LEG Binders only: File this Notice with the attachment behind the "Other" tab in your Administrative Practices Binder.
District and Area Office EOSs and EOAs only:
File this Notice with the attachment behind the tab for ADM Directives in your FCCM Binder.
OBSOLETE DATA: None.
DISTRIBUTION: A, B (both hard copy and electronically); C (hard copy only).
EXPIRATION DATE:This directive remains in effect until superseded.
(Signed)
CHARLES E. JAMES, SR.
Deputy Assistant Secretary for
Federal Contract Compliance
September-5-2008
EMPLOYMENT STANDARDS ADMINISTRATION
U.S. DEPARTMENT OF LABOR
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
WASHINGTON, DC 20210
ADM NOTICE/OTHER
SUBJECT: The U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services' (USCIS), revised Employment Eligibility Verification Form (Form I-9).
PURPOSE: To transmit the revised Form I-9 and the procedures for inspection of the Form I-9 when conducting the onsite phase of a compliance evaluation.
BACKGROUND: The Immigration Reform and Control Act of 1986 (IRCA) and supporting regulations require all U.S. employers to verify the identity and employment eligibility of all individuals hired to work in the United States and to complete and retain a Form I-9 for each employee. Employers are required to authenticate the identity of each new hire by reviewing a government-issued photographic document from "List B," such as a driver's license. In addition, employers are required to establish each new hire's employment eligibility by reviewing documents on "List C," such as a social security card or birth certificate. Alternatively, employers may establish both an individual's identity and employment eligibility if presented with a document from "List A," such as a U.S. passport or permanent resident card.
In accordance with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), P.L. 104-208, USCIS has revised the Form I-9. The most significant change to the Form I-9 is a reduction in the number acceptable documents on List A, documents which establish both identity and employment eligibility. Employers are required to use the revised Form I-9, labeled "(Rev. 06/05/07)N," for all individuals hired on or after November 7, 2007.(1)
Under the longstanding Memorandum of Understanding (MOU) between the Immigration and Naturalization Service (now USCIS) and the Employment Standards Administration (ESA), Office of Federal Contract Compliance Programs (OFCCP) is authorized to inspect the Form I-9 of federal contractors or subcontractors whenever an onsite review is performed during a compliance evaluation. To avoid discouraging unauthorized workers from reporting alleged discrimination, the MOU specifies that Form I-9 inspections will not take place in the course of any complaint investigation. The MOU may be found at: http://www.nilc.org/immsemplymnt/emprights/MOU.pdf.
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1/According to USCIS, the period between Nov. 7 and Dec. 26, 2007 was a grace period, with no enforcement of the new form or the changes.
On June 9, 2008, Executive Order (E.O.) 12989 was amended to require, as a condition of future contracts, that federal contractors use an electronic verification system to confirm the employment eligibility of new hires and existing personnel assigned to perform work on the new federal contract.(2) DHS is authorized to issue implementing regulations for E.O. 12989, but has not yet done so. Once implementing regulations are issued, this Directive may be revised to reflect any necessary changes to OFCCP's Form I-9 inspection procedures.
POLICY: Effective immediately, all Form I-9 inspections performed onsite review will adhere to the procedures outlined in this directive.
FORM I-9 (Rev. 06/05/07)N: On November 7, 2007, the Form I-9 with a revision date of June 5, 2007 became the only version of the form valid for current or future use.(3) The revision date is printed on the lower right-hand corner of the form and states "(Rev. 06/05/07)N." The new Handbook for Employers - Instructions for Completing the Revised Form I-9 is available at http://www.uscis.gov/files/nativedocuments/m-274.pdf.
The most significant change to the revised Form I-9 is the elimination of five documents from "List A" of the "Lists of Acceptable Documents." List A specifies the documents that can be used to establish both identity and employment eligibility. The five documents that have been eliminated are:
Certificate of U.S. Citizenship (Forms N-560 or N-561)
Certificate of Naturalization (Forms N-550 or N-570)
Alien Registration Receipt Card (Form I-151)
Unexpired Reentry Permit (Form I-327)
Unexpired Refugee Travel Document (Form I-571)
http://www.dol.gov/esa/ofccp/regs/compliance/directives/dir284.htm
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