Interim Designation of Acceptable Receipts for Employment Eligibility Verification [64 FR 6187] [FR 5-99]

DOCUMENT NUMBER: FR 5-99

FEDERAL REGISTER CITE: 64 FR 6187

DATE OF PUBLICATION: February 9, 1999

BILLING CODE 4410-10

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 274a

[INS No. 1947-98]

RIN 1115-AE94

Interim Designation of Acceptable Receipts for Employment

Eligibility Verification

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

SUMMARY: This interim rule amends the regulations of the Immigration and Naturalization Service (Service) relating to acceptable receipts for completion of the Employment Eligibility Verification form (Form I-9). A "receipt" is a document that an employee may present to his or her employer in lieu of a document listed on the Form I-9. The regulations currently provide for three types of receipts: a receipt for the application for a replacement document; the arrival portion of an Arrival-Departure Record, Form I-9 4, marked with a temporary I-551 stamp and affixed with the individual's picture; and the departure portion of a Form I-94 containing a refugee admission stamp. Presentation of one of these types of receipts satisfies the Form I-9 documentation requirements, but only for a temporary period. At the end of this period, the employee must present the document listed on the Form I-9 that corresponds to the receipt.

This interim rule makes two revisions to the provisions governing receipts. First, this rule revises the validity period of the second type of receipt, the Form I-94 marked with a temporary I-551 stamp and affixed with the bearer's photograph. Second, this rule adds the Employment Authorization Card, Form I-688B, to the list of documents that an individual can present before the receipt validity period expires for the third type of receipt, the Form I-94 marked with a refugee admission stamp. These change s are being made to facilitate compliance with the regulations pending completion of the Service's comprehensive document reduction effort.

DATES: Effective date : This interim rule is effective February 9, 1999.

Comment date : Written comments must be submitted on or before April 12, 1999.

ADDRESSES: 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 No. 1947-98 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: Marguerite Przybylski, Associate General Counsel, Office of the General Counsel, Immigration and Naturalization Service, 425 I Street NW., Room 6100, Washington, DC, 20536; (202) 514-2895.

SUPPLEMENTARY INFORMATION:

What are the requirements of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) as it relates to documentation of employment?

Section 412 of IIRIRA, Pub. L. 104-208, enacted on September 30, 1996, amended the employment eligibility verification provisions of section 274A of the Immigration and Nationality Act (Act) to require a reduction in the number of documents acceptable for completion of the Form I-9. The Act provides for three lists of documents: documents that establish both identity and employment eligibility (List A documents); documents that establish identity only (List B documents); and documents that establish work e ligibility only (List C documents).

Which Documents were Removed on September 30, 1997?

On September 30, 1997, an interim rule was published in the Federal Register at 62 FR 51001 implementing the IIRIRA amendments to the list of documents. The September 30, 1997, interim rule removed four documents from List A as follows:

(1) Certificate of United States Citizenship, Form N-560 or N-561;

(2) Certificate of Naturalization, Form N-550 or N-570;

(3) Reentry Permit, Form I-327; and

(4) Refugee Travel document, Form I-571.

The interim rule also modified the List A document relating to nonimmigrants eligible to work incident to their nonimmigrant status, and revised the "receipt rule."

What Changes are Being Made by This Interim Rule?

Under the current regulations at 8 CFR 274a.2(b)(1)(vi), the special rule for receipts requires an employer, or recruiter or referrer for a fee, to accept a receipt in lieu of a List A, List B, or List C document in certain circumstances for completion of the Form I-9. The current regulations authorize the use of receipts in three instances:

(1) When the individual presents a receipt for the application for a replacement document;

(2) When the individual presents the arrival portion of Form I-94 which the Service has: (a) marked with a temporary I-551 stamp indicating lawful permanent residence and (b) affixed with the alien's picture; and

(3) When the individual presents the departure portion of Form I-94 that the Service has marked with a refugee admission stamp.

This interim rule amends the receipt rule as its applies to Forms I-94 that are marked with either a temporary I-551 stamp or a refugee admission stamp. These amendments are necessary to account for procedural delays that have become apparent since publication of the September 30, 1997, interim rule.