Unless there is a last-minute
change by the Obama administration, employers will be required
to use a revised version of the employment eligibility form
known as the I-9 form effective April 3, 2009.
According to an interim rule published in December 2008 by the U.S.
Citizenship and Immigration Services (USCIS), employers were
supposed to begin using the revised verification form on Feb.
2, 2009. However, when President Obama took office, the White
House issued a directive to all federal agencies asking them
to review regulations introduced by the Bush administration
that had not taken effect before Jan. 20, 2009.
USCIS officials stated that
the 60-day delay should provide adequate time to complete a
full review of the new form and employment verification requirements.
A notice announcing the delay appeared in the Federal Register.
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 as published revises the types of acceptable identity
and employment authorization documents employers can accept
from new hires effective April 3, 2009.
In addition, the rule
stipulates that employees cannot use expired identification
documents to verify their work eligibility beginning April 3,
2009, unless the government changes its plans. The revised I-9 form is available online from the USCIS web site
(www.uscis.gov).
According
to an email from Duane Morris Law Firm:
On April 20, 2009, implementation
of the regulation that would require all federal contractors
to participate in E-Verify was postponed for the third time – until
June 30, 2009. This further delay, along with U.S. Department
of Homeland Security Secretary Napolitano's announcement in late
March that a series of workplace investigations and several
proposed immigration raids would be placed on hold, may signal
significant change in worksite enforcement policy.
Please
contact Fern
Powers, 215-563-5520 for details on being
ready for compliance with this requirement
