Gov't Delays New I-9 Until April 3

USCIS continues to accept comments on new I-9 form

January 30, 2009 — The U.S. Citizenship and Immigration Services announced today that it will extend until April 3, 2009, the requirement that businesses begin using a new employment eligibility verification form.

Employers use the form, known as the I-9, to document that employees are authorized to work in the United States.

The new I-9 (see informational copy here) changes the list of acceptable documents for proving identity and employment authorization.

Although the USCIS announced last month that it would require employers to start using the new form Feb. 2, 2009, today the agency delayed the effective date to April 3, 2009. The USCIS will continue to accept public comments on the regulation until March 4.

Once the revised I-9 takes effect, businesses will be required to use the new form for all new hires as well as for employees who must be "re-verified" because their work authorization expired.

The revised I-9 will include several important changes to make the verification process more secure, says the USCIS:

• Employers will no longer be able to accept expired documents to verify employees' work eligibility.
• List A documents -- documents that do double duty as proof of both identity and eligibility to work in the United States -- no longer include forms I-688 (temporary resident card) and I-688A and I-688B (outdated employment authorization cards).
• The form will add certain foreign passports to the acceptable List A documents.
• The new form includes minor technical changes in the language where employees attest that the information they provided is valid.

Have a question about the new I-9? Ask us and we'll find answers.

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