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Government Delays Implementation of New Form I-9

February, 02 2009

On January 30, 2009, the U.S. Customs and Immigration Service (USCIS) issued a notice delaying the planned implementation of the new I-9 form.  We recently discussed the new form in an article on our website, which you can view here.

New Effective Date

Use of the new I-9 form is now required beginning April 3, 2009. USCIS's reason for the sudden delay on the eve of the old deadline, February 2, was that it had received several requests to delay implementation.  The agency stated that the delay would give it more time to review the new rule. The comment period was also reopened, and those wishing to comment on the new rule now have until March 4, 2009. A copy of USCIS's Federal Register notice is available here.

Employers should continue to use the older version of the I-9 form until April 3, 2009, which may be downloaded here. Further, because the rule is being re-reviewed, it is possible that changes may be made to the I-9 form that is scheduled to be used on and after April 3, 2009.

Delay Likely Part of Wider Review by Obama Administration

The delay in requiring use of the new I-9 form is likely part of a wider review of pending regulations by the Obama Administration. Shortly after the president was sworn in, the administration issued a notice to agencies to delay implementation of regulations that were finalized in the waning days of the Bush Administration. The 60-day delay and 30-day reopening of the comment period by USCIS is consistent with guidelines issued by the White House's Office of Management and Budget for dealing with the administration's requested delay. 

If you have any questions about this or your organization's obligations to verify employment eligibility, please contact us.

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