Effective January 29, 2009, the United States Citizenship and Immigration Services (USCIS) issued an announcement, late in the day, that the required use of the new I-9 form, dated February 2, 2009, will be delayed until April 3, 2009. Until then, use the current form with the June 5, 2007 revision date. The I-9 form is a required part of the hiring process for employers to verify that every new hire is either a U.S. citizen or authorized to work in the United States. Employers make this verification by examining documents noted on the I-9 form that establish identity and employment eligibility.
This latest development follows some confusion after the Wednesday, January 21, 2009, memo issued by President Obama's Chief of Staff, Rahm Emanuel. The memo was directed at federal agencies, and strongly recommended a 60-day hold on any federal regulations not yet published in the federal register. This means that any federal regulations issued for comment before January 21, 2009, will likely be delayed, at a minimum, for 60 days.
For employers, the main regulation impacted by this freeze is the regulation proposing to amend the I-9 form by February 2, 2009. However, soon after the January 21, 2009, memo the Department of Homeland Security (DHS) and USCIS issued the new form stating its required use. Then, on January 29, 2009, the DHS and USCIS issued a new form delaying its required use until April 3, 2009. Until further notice, use the current I-9 form and not the February 2, 2009 form.
What Should You Do?
■ Examine proper documentation included on the I-9 form to verify that every new hire is either a U.S. citizen or authorized to work in the United States.
■ Correctly and completely fill out I-9 forms for each new employee.
■ Keep an eye on the California Watchdog blog to stay up-to-date on the ongoing developments relating to the pending new I-9 form.
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