February 2, 2009
USCIS Delays Effective Date of Interim Rule to April 3, 2009 for Use of Revised I-9 Form and Employment Verification Documents
On Friday, January 30, 2009, U.S. Citizenship and Immigration Services (USCIS) extended the effective date of their interim rule regarding use of the revised Form I-9 and list of employment verification documents. The interim rule was initially published in the Federal Register on December 17, 2008. This rule changed the list of acceptable documents for I-9 employment verification purposes and required use of a new I-9 Form indicating these acceptable documents. Our January 6, 2009 alert details this new form and the revised list of employment verification documents. The interim rule was to take effect today, February 2, 2009—45 days after publication. USCIS’s January 30, 2009 announcement extends the effective date for 60 days from February 2, 2009 to April 3, 2009. This decision was prompted by USCIS because during the public comment period, the agency received a number of comments requesting extension of the effective date to allow more time for full compliance and for public comment on the substantive legal and policy issues implicated by this rule. Further delays implementing this rule are unlikely so employers should make arrangements now for use of the revised I-9 form starting April 3, 2009, which must include accepting only the employment verification documents listed on the revised form. The I-9 form still in effect according to USCIS is the version dated “6/5/2007,” specified at the bottom of the form. Employers should not be using earlier versions of the I-9 form.
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