The Dept. of Homeland Security has issued an interim rule constraining employers from accepting expired documents to verify employment authorization on Form I-9. The interim rule becomes effective on Feb. 2, 2009.

The DHS interim rule amends regulations governing the types of acceptable identity and employment authorization documents and receipts that employees may present to employers for completion of the I-9 Form. The changes include requiring unexpired U.S. passport and List B documents; adding a new List A document specifically tailored to citizens of Micronesia and the Marshall Islands; eliminating the I-688, I-688A and I-688B forms; and some technical corrections and updates to the I-9 document. The proposed new I-9 Form is appended to the interim rule. Written comments on the interim rule must be submitted on or before Feb. 2, 2009.