[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Rules and Regulations]
[Pages 52235-52236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25659]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 195 / Monday, October 7, 1996 / Rules 
and Regulations  

[[Page 52235]]



DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 274a

[INS No. 1738-95]
RIN 1115-AE21


Employer Sanctions Modifications; Warning Notices; Generation of 
Blank Employment Eligibility Verification Forms (Forms I-9)

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule amends the Immigration and Naturalization Service 
(Service) regulations by allowing the Service to issue a Warning Notice 
to employers in those cases where the Service has determined that a 
person or entity has violated section 274A of the Immigration and 
Nationality Act (the Act). The Warning Notice will be issued in those 
cases generally characterized by the identification of minor 
verification violations and the expectation of future compliance by the 
violator. This amendment is necessary to state expressly current 
Service policy and practice regarding the issuance of a Warning Notice 
in lieu of a Notice of Intent to Fine. This rule will also allow 
employers to generate blank copies of the Employment Eligibility 
Verification Form (Form I-9) electronically and provides for single-
sided reproduction of the Form I-9, as well as the currently permitted 
double-sided reproduction. This is intended to save employers the cost 
of purchasing Forms I-9 and the burden of making double-sided copies of 
the form.

DATES: This interim rule is effective October 7, 1996. Written comments 
must be submitted on or before November 6, 1996.

ADDRESSES: Please submit written comments, in triplicate, to the 
Director, Policy Directives and Instructions Branch, Immigration and 
Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC 
20536. To ensure proper handling, please reference INS number 1738-95 
on your correspondence. Comments are available for public inspection at 
the above address by calling (202) 514-3048 to arrange for an 
appointment.

FOR FURTHER INFORMATION CONTACT: Angelo V. Sorrento, Senior Special 
Agent, Investigations Division, Immigration and Naturalization Service, 
425 I Street NW., Room 1000, Washington, DC 20536, telephone (202) 514-
0747.

SUPPLEMENTARY INFORMATION:

Background

    Over the past year, the Service has been reviewing its employer 
sanctions policies and procedures to facilitate employer compliance 
with the law and to improve enforcement efforts. This rule is part of 
the Service's effort to achieve that goal.

Regulatory Changes

    The Service's regulations require all employers to complete Forms 
I-9, as evidence of verification of the identify and employment 
eligibility of each employee hired after November 6, 1986. Currently, 
the regulations permit the use of a Form I-9 which has been printed by 
the Superintendent of Documents, reproduced by public or private 
entities, or electronically generated, in accordance with the 
requirements set forth in 8 CFR 299.4.
    This rule amends 8 CFR 274a.2 by allowing employers to 
electronically generate blank Forms I-9, provided that the resulting 
form is legible; there is no change to the name, content, or sequence 
of the data elements and instructions; no additional data elements or 
language are inserted; and the paper used meets the standards for 
retention and production for inspection specified under Sec. 274a.2(b). 
When copying or printing the Form I-9, the text of the two-sided form 
may be reproduced in either double-sided or single-sided copies.
    The Service is also amending 8 CFR 274a.9 to allow the Service to 
either issue and serve a Notice of Intent to Fine (NIF), Form I-763, 
upon an alleged violator after the Service has determined that the 
person or entity has violated section 274A of the Act, or issue a 
Warning Notice, Form I-846, for minor verification violations in those 
cases where the Service expects future compliance by the violator. A 
Warning Notice notifies employers that they are not in full compliance 
with the immigration laws relating to employment. The expectation is 
that, after issuance of the Warning Notice, the relatively minor 
violations will be corrected by the employer and not repeated. 
Employers served with a Warning Notice will benefit by avoiding fines 
normally levied by the issuance of a NIF. This rule will bring the 
regulations into conformance with existing Service policy and will 
allow the Service to issue a Warning Notice in lieu of a NIF and the 
Department of Labor to continue to issue Warning Notices.
    The Service's implementation of this rule as an interim rule, with 
a 60-day provision for post-promulgation public comments, is based upon 
the ``good cause'' exceptions found at 5 U.S.C. 553 (b)(B) and (d)(1). 
The reasons and the necessity are as follows: this rule relieves a 
restriction and is beneficial to both public and private entities by 
facilitating employer compliance with the immigration laws.

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service, in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has 
reviewed this regulation and, by approving it, certifies that the rule 
will not have a significant economic impact on a substantial number of 
small entities for the following reasons: This rule is intended to 
allow for the relief of fines on small entities for minor verification 
violations contained in section 274A of the Act. This rule also reduces 
an employer's burden of procuring Forms I-9 by allowing for the blank 
electronic generation of this form in single-sided copies.

Exeuctive Order 12866

    This rule is not considered by the Immigration and Naturalization 
Service to be a ``significant regulatory action'' under Executive Order 
12866, section 3(f), Regulatory Planning and Review, and the Office of 
Management and

[[Page 52236]]

Budget has waived its review process under section 6(a)(3)(A).

Executive Order 12612

    The regulations adopted herein will not have substantial different 
effects on the States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this rules 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

List of Subjects in 8 CFR Part 274a

    Administrative practice and procedure, Alien employment, Penalties, 
Reporting and recordkeeping requirements.

    Accordingly, part 274a of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:

PART 274a--CONTROL OF EMPLOYMENT OF ALIENS

    1. The authority citation for part 274a continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2.

    2. In Sec. 274a.2 paragraph, (a) is amended by revising the fifth 
and sixth sentences to read as follows:


Sec. 274a.2  Verification of employment eligibility.

    (a) General. * * * Employers may electronically generate blank 
Forms I-9, provided that: the resulting form is legible; there is no 
change to the name, content, or sequence of the data elements and 
instructions; no additional data elements or language are inserted; and 
the paper used meets the standards for retention and production for 
inspection specified under Sec. 274a.2(b). When copying or printing the 
Form I-9, the text of the two-sided form may be reproduced by making 
either double-sided or single-sided copies. * * *
* * * * *
    3. Section 274a.9 is amended by:
    a. Revising the third sentence of paragraph (b);
    b. Redesignating paragraphs (c), (d), and (e) as paragraphs (d), 
(e) and (f) respectively; and
    c. Adding a new paragraph (c), to read as follows:


Sec. 274a.9  Enforcement procedures.

* * * * *
    (b) Investigation. * * * If it is determined after investigation 
that the person or entity has violated section 274A of the Act, the 
Service may issue and serve a Notice of Intent to Fine or a Warning 
Notice upon the alleged violator. * * *
    (c) Warning notice. The Service and/or the Department of Labor may 
in their discretion issue a Warning Notice to a person or entity 
alleged to have violated section 274A of the Act. This Warning Notice 
will contain a statement of the basis for the violations and the 
statutory provisions alleged to have been violated.
* * * * *
    Dated: August 8, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-25659 Filed 10-4-96; 8:45 am]
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