Employment Eligibility Verification

Forms and Documents

Document Name	Status
Form I-9 Employment Eligibility Verification (Employers) Form	Modified
Form I-9 Employment Eligibility Verification (Employers) Form	Modified
Form I-9 Employment Eligibility Verification (Employees) Form	Modified
Form I-9 Employment Eligibility Verification (Employees) Form	Modified
ICR I-9 NPRM 87 FR 50786 08182022.pdf Supplementary Document	2023-07-25
ICR I-9 NPRM 87 FR 50786 08182022.pdf Supplementary Document	2023-07-25
I-9-012 ICE I-9 FR Supporting Statement 20230725.docx Supporting Statement A	2023-07-25
I-9-012 ICE I-9 FR Supporting Statement 20230725.docx Supporting Statement A	2023-07-25
Reference Citation [Employment Eligibility Verification].docx Supplementary Document	2023-07-20
Reference Citation [Employment Eligibility Verification].docx Supplementary Document	2023-07-20
I9-012-FRM-TOC-Flexibilities-OMBReview-FinalRule-08012023.docx Supplementary Document	2023-07-20
I9-012-FRM-TOC-Flexibilities-OMBReview-FinalRule-08012023.docx Supplementary Document	2023-07-20
I9-012-INS-TOC-Flexibilities-OMBReview-FinalRule-08012023.docx Supplementary Document	2023-07-20
I9-012-INS-TOC-Flexibilities-OMBReview-FinalRule-08012023.docx Supplementary Document	2023-07-20
DHS USCIS PIA 36b 20130621.pdf Supplementary Document	2019-06-10
DHS USCIS PIA 36b 20130621.pdf Supplementary Document	2019-06-10

IC Document Collections

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

ICR Details

OMB Control No: 1615-0047	ICR Reference No: 202307-1615-002
Status: Active	Previous ICR Reference No: 202208-1615-002
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: 07/27/2023
	Date Received in OIRA: 07/25/2023
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2026	36 Months From Approved	01/31/2026
Responses	177,790,000	0	177,790,000
Time Burden (Hours)	39,823,500	0	38,317,600
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:
	87 FR 50786	08/18/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 47990	07/25/2023
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Employment Eligibility Verification (Employees)	I-9, I-9	Employment Elibility Verification (Employees) ,   Employment Eligibility Verification (Employees) Spanish Version
Employment Eligibility Verification (Employers)	I-9, I-9	Employment Eligibility Verification ,   Employment Eligibility Verification (Employers) Spanish Version
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	177,790,000	177,790,000	0	0	0	0
Annual Time Burden (Hours)	39,823,500	38,317,600	0	1,505,900	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The estimated annual time burden (in hours) increased with the ICE I-9 Flexibilities Final Rule due to the new requirement where employers must indicate if they did or did not use remote inspection at the time of hire or during reverification. There are no other program changes that impact this information collection.

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Annual Cost to Federal Government: $19,059,720

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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? No

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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: 07/25/2023

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