USCIS Changes Plans – Delays New Form I-9 for 60 days

The U.S. Citizenship and Immigration Services (USCIS) announced it has delayed by 60 days, until April 3, 2009.  The implementation of an interim final rule entitled Documents Acceptable for Employment Eligibility Verification” was published in the Federal Register on Dec. 17, 2008.  The rule streamlines the Employment Eligibility Verification (Form I-9) process.



The announcement states that 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 on Friday 1/30/09 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



NOTE: Be sure you are using the correct Form.   The Form I-9 you should be using shows a revision date of 06/05/07 and an expiration date of 6/30/09.  The new form which becomes effective April 3, 2009 is now available in English and Spanish.

You can download the current and new Form I-9 here.