2/2/2009

U.S. Citizenship and Immigration Services (USCIS) announced today it has delayed by 60 days, until April 3, 2009, the implementation of an interim final rule requiring the use of a revised Form I-9, originally scheduled to go into effect today.  The rule,entitled “Documents Acceptable for Employment Eligibility Verification” was published in the Federal Register on Dec. 17, 2008.  Note:  The Society for Human Resources reported today that employers who use the new form prior to the April 3, 2009 effective date are subject to civil monetary penalties.

The delay will provide DHS with an opportunity for further consideration of the rule and also allows the public additional time to submit comments. A notice announcing the delay was transmitted today to the Federal Register.  In addition, USCIS has reopened the public comment period for 30 days, until March 4, 2009.

Employers must complete a Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States.  The interim final rule will amend regulations governing the types of acceptable identity and employment authorization documents employees may present to their employers for completion of the Form I-9.  Under the interim rule, employers will no longer be able to accept expired documents to verify employment authorization on the Form I-9.

The interim final rule and an informational copy of the revised Form I-9 will continue to be available for public comment at www.regulatiosn.gov.

An informal copy of the revised Form I-9 for use on or after April 3, 2009 is available here: www.uscis.gov/files/form/I-9_IFR_02-02-2009.pdf