USCIS Delays Effective Date of New I-9 Form To April 3, 2009

February 2, 2009

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 news item). 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 Immigration, Labor & Employment or Employee Benefits teams.