DHS Publishes Final Rule Regarding Employment Authorization/Verification of Aliens in the Armed Forces

The Department of Homeland Security (DHS) has amended its regulations regarding employment authorization for aliens that are enlisted in the U.S. Armed Forces. In a final rule published recently, DHS states its final rule will provide for employer-specific employment authorization for some aliens that are lawfully enlisted in the U.S. Armed Forces and those whose enlistment the Secretary of Homeland Security considers vita to the national interest of the U.S.

In addition, the final rule adds the military identification card as an acceptable document for establishing employment eligibility and identity in the completion of Form I-9, the Employment Eligibility Verification form. Note that this card is only valid as verification when the Armed Forces is using the card as a means to verify employment eligibility of aliens that are lawfully enlisted in the U.S. Armed Forces.

This rule became effective on February 23, 2009.

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