On February 3, 2009, U.S. Citizenship and Immigration Services (USCIS) announced that it has postponed for 60 days the use of a new Form I-9. The new form, which had been scheduled to be used by employers last week, is now tentatively scheduled to go into effect on April 3, 2009.

The revised Form I-9 that was to have gone into effect would have done several things beyond making technical corrections. It would have changed the list of documents acceptable to prove both identity and work authorization and also would have prohibited the use of expired documents to establish work authorization. According to USCIS, the 60-day delay will allow it to solicit, receive and evaluate additional public comments and to further consider changes to the Form I-9. The period for public comment will remain open through March 4, 2009.

The action is a delay in implementation. This means that absent further action by USCIS, employers must begin using the new Form I-9 on April 3, 2009. In the meantime, employers should continue to use the Form I-9 bearing an effective date of June 5, 2007 and currently available at www.uscis.gov/files/form/I-9.pdf.


Please feel free to contact Bullard Law for more information on the status of the new Form I-9 or with questions regarding any other labor, employment and benefits issues.