Employment Eligibility Verification

Forms and Documents

Document Name	Status
Form I-9 Employment Eligibility Verification (Employers) Form and Instruction	Modified
Form I-9 Employment Eligibility Verification (Employees) Form and Instruction	New
I-9 Public Comments - 30-day notice.FINAL.docx Supplementary Document	2013-02-21
I-9 Public Comments-60-day notice. FINAL.docx Supplementary Document	2013-02-21
TOC Instructions 12182012 30-day changes doc.doc Supplementary Document	2013-02-21
TOC Form 12182012 30-day changes doc.doc Supplementary Document	2013-02-21
Rev Form I-9-Instructions-TOC.doc Supplementary Document	2012-08-22
Rev Form I-9-FRM-TOC.doc Supplementary Document	2012-08-22
privacy_pia-uscis_eevrutfI9.pdf Supplementary Document	2012-08-22
I-9 SORN - E-Verify Prog. System of Records..mht Supplementary Document	2012-08-22
I-9 PUBLISHED 30-day notice.8-22-12.pdf Supplementary Document	2012-08-22
60-day FRN 1615-0047 I-9 Pub 2012-3-27.pdf Supplementary Document	2012-08-22
Appendix to SS . 8-7-12.. CLEAN.docx Supplementary Document	2012-08-22
I-9 Supporting Statement FINAL.2.25.13.doc Supporting Statement A	2013-02-25
References.doc Supplementary Document	2009-04-28

IC Document Collections

IC ID	Document Title	Status
41273	Employment Eligibility Verification (Employers) Form and Instruction	Modified
203828	Recordkeeping	New
203827	Employment Eligibility Verification (Employees) Form and Instruction	New

ICR Details

OMB Control No: 1615-0047	ICR Reference No: 201208-1615-005
Status: Historical Active	Previous ICR Reference No: 200904-1615-012
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-9
Title: Employment Eligibility Verification
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 03/08/2013
	Date Received in OIRA: 08/28/2012
Terms of Clearance: OMB will allow members of the public to use the prior version of Form I-9 associated with ICR No. 200904-1615-012 for two months from the date of issuance of this Notice of Action to alleviate the burden that immediate implementation of the newly revised Form I-9 would have imposed on employers. After this point, the public can only use the version of Form I-9 approved under this Notice of Action.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2016	36 Months From Approved	03/31/2013
Responses	176,000,000	0	78,000,000
Time Burden (Hours)	40,600,000	0	12,700,000
Cost Burden (Dollars)	0	0	0

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Abstract: The Form I-9 was developed to facilitate compliance with Section 274A of the Immigration and Nationality Act, as amended by the Immigration Reform and Control Act of 1986, making employment of unauthorized aliens unlawful and diminishing the flow of illegal workers in the United States.

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Authorizing Statute(s): US Code: 8 USC 1324a Name of Law: Immigration and Nationality Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 18256	03/27/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 50710	08/22/2012
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Employment Eligibility Verification (Employers)	I-9, I-9	Employment Eligibility Verification
Employment Eligibility Verification (Employees)	I-9	Employment Eligibility Verification
Recordkeeping

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	176,000,000	78,000,000	0	0	98,000,000	0
Annual Time Burden (Hours)	40,600,000	12,700,000	0	0	27,900,000	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is an increase in the estimated burden hours as previously reported for this information collection. In Section 1 of Form I-9, DHS is adding new data fields to collect foreign passport number and country of issuance for aliens authorized to work who also record their Admission number.DHS is automating its collection of Form I-94 information for individuals seeking admission at a port of entry into the United States. In order to aid in this automation process, DHS has determined that new information must be collected, specifically foreign passport information. Collecting this information will enable DHS to more efficiently confirm the veracity of the individual's attestation in Section 1 during the course of a Form I-9 inspection and confirm the individual's employment eligibility where E-Verify is being used. In addition, DHS is adding to Section 1 new optional data fields to collect the employee's e-mail address or telephone number. This will allow DHS to contact an employee following a Form I-9 inspection or concerning his or her E-Verify case. DHS is also making some clarifying changes to the Form I-9 and the instructions to the form.As a result of these changes, the time per response has increased by 21 minutes for the respondents (previously reported .15 hours (9 minutes)) and by 2 minutes for record keepers to conduct record keeping activities (previously reported .05 hours (3 minutes), which caused the burden hours to increase by 27,900,000 hours, from 12,700,000 hours to 40,600,000 hours.

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Annual Cost to Federal Government: $11,522,507

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/28/2012

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