DELAY OF NEW FORM I-9 UNTIL
APRIL 3, 2009
We previously reported to you (January 2009 Compliance Matters) that the U.S. Citizenship and Immigration Services (USCIS) issued a revised Form I-9 that must be used for all new hires, beginning February 2, 2009. However, on January 31st, the U.S.C.I.S. announced that it will delay implementation of the new Form I-9 until April 3, 2009.
What this means for employers?
Employers should continue to use the prior Form I-9 for all new hires and re-verifications and should not use the revised Form I-9 before April 3, 2009. Employers may be subject to civil monetary penalties for using the new Form I-9 prior to April 3, 2009.
Below is the official notice from the USCIS that was issued on Friday January 30, 2009 addressing this change.
We will continue to keep you posted on the status of the Form I-9. Please call your contact at the Firm if you have any questions.
USCIS DELAYS RULE CHANGING LIST OF DOCUMENTS ACCEPTABLE TO VERIFY EMPLOYMENT ELIGIBILITY
Reopens Public Comment Period for 30 days
WASHINGTON - 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.
The interim final rule and an informational copy of the revised Form I-9 will continue to be available for public comment at www.regulations.gov.
For more information, call us today at (818) 508-3700,
or visit us on the web, at www.brgslaw.com.
Sincerely,Richard S. RosenbergPartnerBRG&S, LLP |
