New I-9 Form Delayed for 60 Days

The U.S. Citizenship and Immigration Services (USCIS) has announced a 60-day delay in implementing the new Form I-9 for employment eligibility verification for new hires.

The new I-9 forms were to take effect February 2, but a seemingly last-minute decision was made on January 30 to delay implementation of the I-9 forms and their accompanying rules. The delay comes in response to a January memorandum from President Barack Obama’s Chief of Staff Rahm Emanuel. In that memorandum, Emanuel directed all federal agencies to put a freeze on certain unimplemented federal regulations, recommending that these regulations be subject to a 60-day hold for further agency consideration.

The rules detailing the new I-9 form process will now be on hold until April 3, and the public comment period regarding these rules has been reopened until March 4.

At this time, USCIS has not officially stated which Form I-9 employers should use. Until further instruction is given, however, some employment law attorneys recommend that employers use the 2007 revision of Form I-9, which has an expiration date of June 30, 2009. Employers may want to check with their employment law attorney. Further information about the delayed implementation of these rules may be found at

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