USCIS Implementation of New I-9 Form until April 3, 2009


On January 30, 2009, USCIS announced it will be delaying implementation of the new I-9 rules and the new form until April 3, 2009. USCIS had scheduled the new rule to apply on February 2, 2009. USCIS also extended the deadline to submit public comments on the new rule until March 4, 2009. Accordingly, it is possible that the terms of the new rule may change before the new effective date.

Under the current version of the new rule, employers would no longer be able to accept any expired documents as part of the verification process. Under the current rule, documents establishing identity only, also known as “List B Documents,” are acceptable to prove identity, even if expired. Documents on this list include, for example, driver’s licenses, state ID cards with photographs, and school ID cards with photographs. Additionally, the new rule would add additional documents that employees may present to demonstrate both identity and employment authorization, also known as “List A Documents.” These new acceptable documents would include certain I-551s that appear on foreign passports and certain admission documents for persons holding passports from Micronesia or the Marshall Islands. The new rule would not require employers to complete a new I-9 form for existing employees. Employers should use the new form only for employees hired on or after April 3, 2009, and for re-verifications performed thereafter.

For more information, click here or contact DSDA attorney Hilary L. Velandia at

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Rebecca D. Bullard

Rebecca D. Bullard

Rebecca represents clients primarily in labor and employment litigation and counsels clients regarding everyday employment matters. 

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