Control of Employment of Aliens

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]

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