New I-9 Form Delayed—Dig Out the Old I-9s From Your Waste Baskets. You Will Continue to Need Them Until at Least April 3rd
The new I-9 Form and rules governing the types of acceptable identity and employment authorization documents that employees may present to their employers was scheduled to take effect this past Monday. However, the Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS) retracted the mandatory changes late on Friday.
The Obama administration rescinded the Bush Administration order to use the new process and I-9 Forms effective February 2, 2009, pending further comment and review by stakeholders. This temporary extension will provide DHS with an opportunity for further consideration of this rule.
At this time, effective April 3, 2009, employers must use the revised Form I-9 for all new hires and to again verify any employee with expiring employment authorization beginning April 3. The current version of the Form I-9 (dated 06/05/2007) will no longer be valid as of April 3, unless the rule is delayed again or modified.
USCIS is asking for comments
The department says the delay will provide the agency with an opportunity for further consideration of the rule and also allows the public additional time to submit comments. USCIS has reopened the public comment period for 30 days, until March 4, 2009.
Use the old I 9 for now
At least for the next two months (until April 3, 2009) continue to verify the work status of your new hires with the old I 9 and process.
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