Employers need to take specific note of individuals who present a birth certificate from Puerto Rico as a List C document for Form I-9 Employment Eligibility Verification purposes. The Vital Statistics Office of the Commonwealth of Puerto Rico began issuing a new, more secure birth certificate on July 1. Earlier this month, U.S. Citizenship and Immigration Services (USCIS) issued guidance to employers regarding how this affects proper I-9 completion. However, the Governor of Puerto Rico extended the validity of the old birth certificates for an additional 30 days, until October 30, meaning that the USCIS’ guidance will need to be updated to reflect the new validity date of October 30.

In summary:

  • Through October 30, ALL certified copies of Puerto Rico birth certificates remain valid as a List C document for I-9 purposes;
  • From October 31, certified copies of Puerto Rico birth certificates must have been issued on or after July 1, 2010 to constitute a valid List C document for I-9 purposes. Employers must look at the issuance date of the birth certificate to confirm it is acceptable.

Note that any I-9 verification completed prior to October 31, 2010 using the “old” Puerto Rico birth certificate remains valid. Employers need not go back to reverify those employees.

Browse More Insights

Fountain pen signing a document, close view with center focus
Practice Group

Employment Law

Ogletree Deakins’ employment lawyers are experienced in all aspects of employment law, from day-to-day advice to complex employment litigation.

Learn more
Close up of American visa label in passport. Shallow depth of field.
Practice Group


Ogletree Deakins has one of the largest business immigration practices in the United States and provides a wide range of legal services for employers seeking temporary business visas and permanent residence on behalf of foreign national employees.

Learn more

Sign up to receive emails about new developments and upcoming programs.

Sign Up Now