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DOJ/INS RIN: 1115-AB73 Publication ID: Spring 1998 
Title: Reduction of the Number of Acceptable Documents and Other Changes to Employment Verification Requirements 
Abstract: On September 30, 1996, the President signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). Section 412(a) of IIRIRA requires a reduction in the number of documents that may be accepted in the employment verification process. Section 412(d) clarifies the applicability of section 274A to the Federal Government. Section 610 of the Regulatory Flexibility Act requires agencies to review rules that have a significant economic impact on a substantial number of small entities every 10 years. The Service is conducting this review in conjunction with IIRIRA implementation. This proposed rulemaking implements sections 412(a) and (d) of IIRIRA and proposes other changes to the employment verification process identified through that review. A revised Form I-9 is included with the proposed rulemaking. ^PIt should be noted that this action supersedes the previously published regulatory plan titled "Reduction in the Number of Documents Accepted for Employment Verification." In order to avoid confusion, this regulatory action is being referenced under the current RIN, which captures all prior actions related to employment verification. 
Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 8 CFR 274a     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 USC 1324a    PL 104-208   
Legal Deadline:
Action Source Description Date
Final  Statutory  An interim rule, published Sept. 30, 1997, makes the minimal changes required by Statute. The provisions will remain in effect until completion of this rulemaking.  03/31/1998 
Timetable:
Action Date FR Cite
NPRM (INS 1399); Comment Period End 12/23/93  11/23/1993  58 FR 61846   
Supplemental NPRM (INS 1339S) Comment Period End 7/24/95  06/22/1995  60 FR 32472   
Applications Due 1/29/96 Public Notice Pilot Demonstration Program (INS 1713)  11/30/1995  60 FR 61630   
Appl. Extension Through 3/8/96 Public Notice Pilot Demonstration Program (INS 1713)  02/06/1996  61 FR 4378   
Final Rule INS No. 1399E  09/04/1996  61 FR 46534   
Interim rule Interim Desig. of Acceptable Docs. for Emp. Verif. (INS 1818)  09/30/1997  62 FR 51001   
Proposed Rule (INS No. 1890-97)  02/02/1998  63 FR 5287   
Final Rule (1890-97)  07/00/1998    
Additional Information: The deadline for implementing section 412(a) of IIRIRA has been extended to March 31, 1998 by P.L. 105-54. This rulemaking has been delayed by the need to coordinate implementation with other provisions of IIRIRA, by several complex policy and regulatory issues that have taken time to resolve, and by the review required by section 610 of the Regulatory Flexibility Act. ^PINS No. 1890-97; PL 104-208, title 4. ^PINS Nos. 1399 and 1399S-94, Control of Employment of Aliens, Supplemental Rule; Action for INS No. 1399 and 1399S is canceled as a result of IIRIRA requirements. ^PINS No. 1399E is an extracted portion of INS No. 1399, published separately to allow for the production of a new, more secure Employment Authorization Document. ^PINS No. 1713-95, Demonstration Project for Electronic I-9s, contact Bob Reed, (202) 514-2998. ^PInterim Rule INS No. 1818 was published on 9/30/97 at 62 FR 51001 to maintain the status quo as much as possible until the Service completes the more comprehensive document reduction initiative designated by INS No. 1890-97
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations 
Included in the Regulatory Plan: Yes 
Agency Contact:
Marion Metcalf
Policy Analyst, Office of Programs
Department of Justice
Immigration and Naturalization Service
425 I Street NW,
Washington, DC 20536
Phone:202 514-2764
Email: metcalfm@justice.usdoj.gov