USCIS Makes Last-Minute Change to I-9 Requirement — Employers Must Now Use New Version of Form I-9 Effective April 3, 2009

At the last hour, the U.S. Citizenship and Immigration Services postponed its February 2, 2009 implementation of a new version of Form I-9. Rather than requiring U.S. employers to begin using the new version of Form I-9 (Employment Eligibility Verification) on February 2, 2009 when verifying new hires, the effective date has now been pushed back 60 days until April 3, 2009. The revision date of the new version is printed in the lower right corner of the form — (Rev. 02/02/09) N. This version should only be used beginning April 3.

Please review your stocks of blank Forms I-9 and ensure that you are using the current version marked with the revision date of (Rev. 06/05/07) N in the lower right corner. This current version of Form I-9 must be used for any new hire verifications performed before April 3, 2009. Then, as of that date, all new I-9 verifications must be made using the updated version, or the employer will be subject to applicable penalties. Please note that employers do not need to complete new I-9s for current employees on the revised form. Employers only need to ensure that all new hires or re-hires from April 3 going forward are verified on the new version of Form I-9.

Form I-9 to be used before April 3, 2009

Form I-9 to be used on and after April 3, 2009

USCIS press release announcing the delay