DHS will request
approval of this revision after considering and responding to
public comments on the International Entrepreneur Rule.
Inventory as of this Action
Requested
Previously Approved
08/31/2019
36 Months From Approved
08/31/2019
130,800,000
0
130,800,000
29,300,000
0
29,300,000
0
0
0
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.
US Code:
8
USC 1324a Name of Law: Immigration and Nationality Act
There is an increase in the
estimated burden hours as previously reported for this information
collection; USCIS inadvertently reported a lower estimated number
of respondents during the last submission for OMB approval that was
concluded on 8/25/2016. The minimal change in respondents due to
the rule change is not significant enough to modify the numbers
presented. There is no change in the information being collected.
In this information collection, DHS is updating the Lists of
Acceptable Documents of Form I-9 to replace “nonimmigrant” with
“individual” and adding “or parole” when describing who and under
what circumstances an individual may present to his or her employer
with a foreign passport and Form I-94 under List A of Form I-9. DHS
is also adding to the Lists of Acceptable Documents under the “List
C” column, the Department of State (DOS) Form FS-240 Consular
Report of Birth Abroad, or successor form. The reason for these
changes is to conform to proposed changes to DHS regulations
describing the documents acceptable for Form I-9 being made in
DHS’s proposed rule, “International Entrepreneur Rule.” The
proposed rule adds to the regulations at 8 CFR 274a.12(b),
entrepreneur parolees to the class of aliens authorized for
employment incident to status or parole with a specific employer
and who may present the foreign passport and Form I-94 under List A
of Form I-9. Without changing “nonimmigrant” to “individual” on the
Lists of Acceptable Documents, the public will not have accurate
information necessary to complete Form I-9 properly. The rule also
proposes a technical change to 8 CFR 274a.2(b)(1)(v)(C) to add Form
FS-240 Consular Report of Birth Abroad, or successor form, to the
list of acceptable documents evidencing employment authorization.
Since 2011, Form FS-240 has been exclusively issued by DOS as
evidence of a U.S. citizen’s birth abroad and acquisition of U.S.
citizenship at birth, as well as used to replace a lost, stolen, or
damaged Form FS-545 Certification of Birth Abroad or Form DS-1350
Certification of Report of Birth. This technical change will
formally recognize the Form FS-240, or successor form, as an
acceptable document to establish employment authorization for Form
I-9 purposes.
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:
(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;
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.
Form I-9 Employment Eligibility Verification (Employers)
Supporting Statement I-9 2016-8-26 DHS clean.docx
privacy_piaupdate_uscis_e_verify_07272012.pdf
References.doc
Employment Eligibility Verification (Employers)