Employers Must Continue Using Old Form I-9 for Now

The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) has decided to delay the requirement for employers to use a new Form I-9 from February 2, 2009 to at least April 3, 2009.  An official announcement is expected to be published in the Federal Register on Friday, February 6. DHS issued an interim final rule on December 17, 2008, requiring employers to use the new Form I-9 to verify that all new hires and existing employees with expiring employment authorizations are indeed eligible to work in the United States.  On January 30, DHS agreed to a temporary extension of sixty days in order to give the Obama Administration an opportunity to further review the implications of the rule after White House Chief of Staff Rahm Emanuel issued a memorandum directing federal agencies to consider extending by 60 days the effective dates of all regulations already issued but not yet in effect.  One of the most notable changes of the interim rule, which was to become effective today, required employers to no longer accept expired documents, including an expired U.S. Passport. Visit the AGC website for a FAQ page on the proposed changes from USCIS.