I-9 Document Update – Old Birth Certificates from Puerto Rico Invalid After October 30

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.