\ fr \ Federal Register Publications (CIS, ICE, CBP) \ Federal Register Publications (Legacy INS) - 1997 \ FEDERAL REGISTER INTERIM REGULATIONS - 1997 \ Interim Designation of Acceptable Documents for Employment Verification [62 FR 51001] [FR 58-97] \ List of Subjects in 8 CFR Part 274a
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List of Subjects in 8 CFR Part 274a
Administrative practice and procedure, aliens, 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. Section 274a.2 is amended by:
a. Revising paragraph (b)(1)(iii);
b. Revising paragraph (b)(1)(v)(A); and by
c. Revising paragraph
(b)(11)(vi), to read as follows:
The cite to (b)(11)(vi) should read (b)(1)(vi). Corrected 10/8/97; 62 FR 52620)
§ 274a.2 Verification of employment eligibility.
* * * * *
(b) * * *
(1) * * *
(iii) An employer who hires an individual for employment for a duration of less than three business days must comply with paragraphs (b)(1)(ii)(A) and (b)(1)(ii)(B) of this section at the time of the hire. An employer may not accept a receipt, as described in paragraph (b)(1)(vi) of this section, in lieu of the required document if the employment is for less than three business days.
* * * * *
(v) * * *
(A) The following documents, so long as they appear to relate to the individual presenting the document, are acceptable to evidence both identity and employment eligibility:
) United States passport (unexpired or expired);
) Alien Registration Receipt Card or Permanent Resident Card, Form I-551;
) An unexpired foreign passport that contains a temporary I-551 stamp;
) An unexpired Employment Authorization Document issued by the Immigration And Naturalization Service which contains a photograph, Form I-766; Form I-688, Form I-688A, or Form I-688B;
) In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, an unexpired foreign passport with an Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, so long as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the Form I-94.
* * * * *
Special rules for receipts
. Except as provided in paragraph (b)(1)(iii) of this section, unless the individual indicates or the employer or recruiter or referrer for a fee has actual or constructive knowledge that the individual is not authorized to work, an employer or recruiter or referrer for a fee must accept a receipt for the application for a replacement document or a document described in paragraphs (b)(1)(vi)(B)((
) and (b)(1)(vi)(C)((
) of this section in lieu of the required document in order to comply with any requirement to examine documentation imposed by this section, in the following
Application for a replacement document
. The individual:
) Is unable to provide the required document within the time specified in this section because the document was lost, stolen, or damaged;
) Presents a receipt for the application for the replacement document within the time specified in this section; and
) Presents the replacement document within 90 days of the hire or, in the case of reverification, the date employment authorization expires; or
Form I-94 indicating temporary evidence of permanent resident status
. The individual indicates in section 1 of the Form I-9 that he or she is a lawful permanent resident and the individual:
) Presents the arrival portion of Form I-94 containing an
unexpired "Temporary I-551" stamp and photograph of the individual, which is designated for purposes of this section as a receipt for Form I-551; and
) Presents the Form I-551 within 180 days of the hire or, in the case of reverification, the date employment authorization expires; or
Form I-94 indicating refugee status
. The individual indicates in section 1 of the Form I-9 that he or she is an alien authorized to work and the individual:
) Presents the departure portion of Form I-94 containing an
unexpired refugee admission stamp, which is designated for purposes of this section as a receipt for either the Form I-766 or a social security account number card that contains no employment restrictions; and
) Presents, within 90 days of the hire or, in the case of
reverification, the date employment authorization expires, either an unexpired Form I-766; or a social security account number card that contains no employment restrictions together with a document described under paragraph (b)(1)(v)(B) of this section.
* * * * *
September 25, 1997
Commissioner,Immigration and Naturalization Service.