New I-9 Forms Delayed

Feb 3, 2009

U.S. Citizenship and Immigration Services (USCIS) announced Feb. 3 in the Federal Register a delay to an interim final rule, “Documents Acceptable for Employment Eligibility Verification,” that revises the current I-9 form employers must complete to verify worker eligibility and outlines new types of acceptable authorization documents. The rule was to go into effect Feb. 2, 2009 but is now set for April 3, 2009.

The Immigration and Nationality Act requires employers complete a Form I-9 for all newly hired employees to verify their identity and authorization to work in the U.S. The interim final rule published in the Federal Register on Dec. 17, 2008 required employers to begin using the new I-9 forms on Feb 2, 2009. However, the USCIS delay reopens public comment for 30 days and sets April 3, 2009 as the new implementation date.

Under the delayed interim final rule, employers will no longer be able to accept expired documents to verify employment authorization on the Form I-9. Under previous rules, a U.S. passport and all List B documents were acceptable for the Form I-9 even if they were expired.

“The delay will provide the Department of Homeland Security (DHS) with an opportunity for further consideration of the rule and also allow the public additional time to submit comments” the agency said.

Click here to view the interim final rule and to get an informational copy of the revised Form I-9 available for public comment.