November 5, 2007

Clarification regarding the Publication and Implementation of Amended I-9 Form

As reported by GT yesterday, the United States Citizenship and Immigration Services (USCIS) has indicated while they are very close to the publication of an amended Form I-9 (most likely on Tuesday- November 6, 2007) they are still working out the final details.  It should also be noted that the information posted earlier was not entirely accurate. Specifically, the Form I-9 will not be new, but rather just an updated version reflecting the 1997/1998 interim final rule. The current Form I-9 expired on March 31, 2007 and was temporarily extended by the Office of Management and Budget (OMB). While the USCIS had hoped to release a fully redesigned Form I-9  the issue became complicated after the announcements made by Secretary Chertoff on August 10th. After working to revise the form, and its corresponding employer handbook, internal delays forced the USCIS to move forward with amendments only to the current version of the form. The changes we expect to see next week are predicated on the 1997/98 regulations. These regulations limited the type of documents that an employer can accept as proof of identity and work eligibility (http://www.gtlaw.com/practices/immigration/compliance/updates/20071101.htm) However, the reductions to the list were never updated on the actual Form I-9 and in the Employer Handbook, but are posted on the USCIS website.

While the updated Form I-9 will certainly be welcomed by the business community there will no drastic changes to the form itself and nothing substantive is expected until 2008 when a new proposed rule may be introduced. GT will continue to provide updates regarding I-9 compliance matters.