New Form I-9 and the Obama Administration Impact on Immigration So Far
January 19, 2009
We provide you with updates on the newly published Form I-9, further delays in implementation of the new rule regarding E-Verify participation, and the Obama administration's suspension of new or pending federal regulations promulgated under President Bush.
New I-9 Employment Authorization Verification Form Required as of February 2, 2009
The Employment Verification (I-9) Form is now available for use. Starting February 2, 2009, employers must use the new I-9 Form to verify the employment authorization of all new hires. The new form can be accessed at: www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf. As we related previously, the types of acceptable identity and employment authorization documents that employees may present to their employers for completion of the new Form I-9 have changed slightly: naturalization certificates are no longer considered an acceptable I-9 document and the rule also adds to "List A" foreign passports containing specially-marked machine-readable visas and documentation for certain citizens of the Federated States of Micronesia (FSM) and the Republic of Marshall Islands (RMI). Finally, when re-verifying an old I-9, the new Form I-9 must be used.
Further Delay in Implementation of New Rule Requiring Participation in E-Verify for Certain Federal Contractors and Subcontractors
The implementation of the new government rule requiring certain contractors or subcontractors with the U.S. federal government to participate in the E-Verify program has been delayed a second time, from February 20, 2009 to May 21, 2009. Employers subject to this rule must electronically verify the identification and work authorization of their employees working on federal contracts or subcontracts, and any new hires. For more information, or if you feel this regulation may apply to your organization, please contact our office.
President Obama Has Suspended Implementation of Bush Administration Regulations until Further Notice
During his first week in office, President Obama suspended the implementation of pending or new Bush administration federal regulations. It is unclear how this will impact the effective date of the required new Form I-9 or the aforementioned implementation date of mandatory E-Verify participation for federal contractors and subcontractors. Our office will continue to monitor developments and provide updates.
We hope this information is helpful. Please contact us if you have any questions.