U.S. Citizenship and Immigration Services (USCIS) announced today it has delayed by 60 days, until April 3, 2009, the implementation of an interim final rule entitled “Documents Acceptable for Employment Eligibility Verification”. The Revised I-9 was to take effect on February 2, 2009.
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 today 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, but should not use the Revised Form. 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.
UPDATE: There are no further delays in use of the revised I-9 Form and further compliance resources have been issued by the USCIS (click here for more information).