New I-9 Form FINALLY Goes Into Use on Friday, April 3, 2009

After fits and starts, the Obama Administration has apparently finally blessed the new I-9 form which the Bush Administration announced in December 2008. All employers must begin using the new I-9 form on Friday, April 3, 2009 for all new employees who begin work as of that date.

As faithful readers may recall, USCIS announced in December 2008 that a new I-9 form would become mandatory for all employers on February 2, 2009. However, this new I-9 form was not placed on the USCIS website until the end of January 2009 – days after the Obama inauguration and only days before the mandatory deadline. Then, on Friday, January 30, 2009 -- only a week later and only one business day before the new form became mandatory -- the Obama administration announced that employers could not use the new form until April 3, 2009. Indeed, the new administration re-opened the review and public comment period on the I-9 form revisions until March 3, 2009.

Even though it is entirely possible that the Obama Administration will again pull the rug out from under us with only one day to go before the April 3 deadline, I am willing to risk a prediction that the form can now be used by employers on Friday.

Insomniacs can access the new I-9 form at http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf. There are also Spanish versions available on the USCIS.gov website.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.