This week, the federal government will publish a notice in the Federal Register, delaying the implementation of the latest revised I-9 until April 3, 2009. Employers should continue to use the previous version (bearing revision date 6/5/07) until that date.

In November, the Government published the revised I-9, with an effective date of February 2, 2009. Recently the Obama Administration issued a memorandum encouraging all federal agencies to extend for 60 days the effective date of regulations that had been published but had not yet taken effect. The Department of Homeland Security implemented the suggestion, providing 30 additional days for public comment and a total of 60 days for further consideration of the regulation and new I-9 form. Further delays or even a withdrawal of the revised I-9 regulation is possible.