As we reported last month, the Federal Register
published the United States Citizenship and Immigration Services
(USCIS) interim final rule revising the types of documents
employers may accept when completing the Form I-9. Most notably,
the interim rule adds new List A documents that employers may
accept as proof of identity and employment authorization,
eliminates some documents from List A, and prohibits employers from
accepting any expired documents. Our previous Alert about this rule
may be found at
http://www.btlaw.com/News.asp?News_ID=19085.
When published, the interim final rule required employers to
start using the new Form I-9 on Feb. 2, 2009. However, the USCIS
recently announced that it has delayed the implementation of the
final rule by 60 days. Therefore, employers should not start using
the new form until April 3, 2009. Until April 3, employers should
continue to use the June 5, 2007 edition of the form, which is
available at http://www.uscis.gov. The