Friday, February 6, 2009

USCIS Delays New Form I-9 to April 3, 2009

*By Jason Rossiter

The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) announced today that it is delaying the implementation of new Form I-9 until April 3, 2009, rather than the proposed effective date of February 2, 2009. The DHS determined that the number of comments they received concerning the new Form I-9 constituted an extension of the public comment period for an additional 30 days, until March 4, 2009.

Until the new Form I-9 goes into effect, employers should continue to use the current version of the Form I-9 with the annotation "Form I-9 (Rev. 06/05/07)" on the bottom right-hand corner of the form and the expiration date of June 30, 2009. This form can be downloaded at: http://www.uscis.gov/files/form/I-9.pdf. Employers must also continue to accept any documents presented by employees listed on the current Form's I-9 List of Acceptable Documents.

*Jason Rossiter has extensive experience in all aspects of workplace law, including employee intake and application procedures. For more information about application procedures or any other employment issue, please contact Zashin & Rich at 216.696.4441.