\ fr \ Federal Register Publications (CIS, ICE, CBP) \ Federal Register Publications (Legacy INS) - 1996 \ FEDERAL REGISTER INTERIM REGULATIONS - 1996 \ Employer Sanctions Modifications; Warning Notices; Generation of Blank Employment Eligibility Verification Forms (Forms I-9) [61 FR 52235] [FR 41-96]
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Employer Sanctions Modifications; Warning Notices; Generation of Blank Employment Eligibility Verification Forms (Forms I-9) [61 FR 52235] [FR 41-96]
FEDERAL REGISTER CITE:
61 FR 52235
October 7, 1996
BILLING CODE 4410-10-M
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 274a
[INS No. 1738-95]
Employer Sanctions Modifications; Warning Notices; Generation of
Blank Employment Eligibility Verification Forms (Forms I-9)
Immigration and Naturalization Service, Justice.
Interim rule with request for comments.
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 t
o 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 t
This interim rule is effective October 7, 1996. Written comments must be submitted on or before November 6, 1996.
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.
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.
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 § 274a.2(b). When copying or printing the Form I-9, the text of the two-sided form may be reproduced in either double-si
ded 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 relati
ng 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 o
f 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 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:
8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2.
2. In § 274a.2 paragraph, (a) is amended by revising the fifth and sixth sentences to read as follows:
§ 274a.2 Verification of employment eligibility.
* * * 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 § 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:
§ 274a.9 Enforcement procedures.
* * * * *
* * * 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. * * *
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.
* * * * *
August 8, 1996
Commissioner,Immigration and Naturalization Service.