On January 30, 2009 USCIS announced that it has delayed the implementation of its interim rule revising the list of documents acceptable for the Form I-9 employment eligibility verification process until April 3, 2009. For more information regarding the interim rule, see our January 2009 Immigration Alert. Therefore, employers should continue using the current version of Form I-9 and follow the corresponding instructions through April 3, 2009.

The delay will provide the DHS with an opportunity for further consideration of the rule and will allow the public additional time to submit comments. The period for public comment has been extended to March 4, 2009. In the interim rule, DHS noted that it was specifically soliciting public comment with regard to whether the rule's prohibition on the use of expired documents should be modified to permit employers to accept List B identity documents that have expired within the last 90 days (or some other limited time period).