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New I-9 Regulation Postponed

January 30, 2009


The U.S. Citizenship and Immigration Services (USCIS) has postponed the implementation of a regulation that would revise the list of identity and employment authorization documents acceptable for completion of Form I-9, Employment Eligibility Verification, and prohibit employers from accepting expired documents for I-9 purposes. The regulation was set to take effect on February 2, 2009 but will be delayed until April 3, 2009.


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” published in the Federal Register on Dec. 17, 2008. The rule streamlines the Employment Eligibility Verification (Form I-9) process. 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. 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.





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