The U.S. Citizenship and Immigration Services (USCIS) announced on January
30, 2009 that it was delaying by 60 days the implementation of a rule requiring
use of a new I-9 form. Employers will now have to start using the new form on
April 3, 2009, rather than on February 2, 2009.
On January 5, 2009, we discussed the new I-9 form (see
It makes changes to the types of acceptable identity and employment
authorization documents that an employee may present, including prohibiting use
of any expired document to verify employment authorization.
USCIS explained that the delay will provide the agency an opportunity for
further consideration of the rule and also allow the public additional time to
submit comments. USCIS reopened the public comment for 30 days, from February 2
to March 4, 2009.
On January 26, 2009, the new administration published in the Federal Register
a Memorandum for the Heads of Executive Departments and Agencies directing a
60-day extension of the effective date of regulations that have been published
in the Federal Register, but which have not taken effect. The USCIS’s action
follows that directive.
For further information or assistance in complying with the new I-9
requirements, please contact any member of the McGuireWoods
Labor & Employment or