USCIS Delays Rule Changing I-9
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Monday, March 2, 2009 |
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U.S. Citizenship and
Immigration Services (USCIS) announced 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 http://www.regulations.gov.
According
to the DHS notice, the new Form I-9 will take effect no earlier than
April 3, 2009. Until then, employers should continue to use the prior
version of the Form I-9 with the annotation "Form I-9 (Rev. 06/05/07)
N" on the bottom right-hand corner and the expiration date of June 30,
2009. This form can be downloaded from the DHS website at
http://www.uscis.gov/files/form/I-9.pdf.
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