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New I-9 Form Delayed

On February 2, 2009, the U.S. Citizenship and Immigration Services ("USCIS") announced that it has delayed by 60 days, until April 3, 2009, the implementation of an interim final rule, published on December 17, 2008, which would require employers to use a new Form I-9 (Employment Eligibility Verification) for all new hires, and to reverify employees who submitted expired employment authorization documents. Employers were previously advised to use the new I-9 form beginning February 2, 2009.

As a result, employers should not use the new I-9 form dated February 2, 2009. Employers should continue to use the 2007 edition of the I-9 form between now and (at least) April 3, 2009.

Further updates will be provided when there are additional developments in this area.


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