U.S. Citizenship and Immigration Services (USCIS) has delayed the effective date for use of the new Form I-9 Employment Eligibility Verification until April 3, 2009, according to an announcement issued by USCIS Acting Deputy Director Michael Aytes on January 30, 2009.

In our January 15, 2009 Alert, we reported that employers would be required to complete a new, revised Form I-9 for all newly hired workers, and for reverification of certain existing workers, beginning February 2, 2009. However, that requirement – which was set forth in an interim final rule published on December 17, 2008 – has now been delayed for a further 60 days "to allow additional public comment on the substantive legal and policy issues under this interim final rule." Federal Register Doc. 2009-2360 (January 30, 2009). In addition, according to USCIS, the 60-day extension "also provides DHS officials the opportunity for further review and consideration of the interim final rule."

The public comment period has been extended for 30 days, until March 4, 2009, and the interim final rule will not take effect until April 3, 2009. Until the interim final rule takes effect, no obligation exists for employers to use the new Form I-9.