labor lawAdivision of labor law center

A new I-9 form for employers has been developed. Otherwise known as the employment eligibility form, the I-9 form’s revised version is effective April 3, 2009.

At that time, all employers in the U.S. will be legally bound to use the new version.

 

Any such employers who wish to do so are invited to comment. It should be noted that many firms have already begun switching over to the new forms. Compliance is not mandatory yet, however. As in the past, employers may legally make copies of I-9 documentation, but must file such documentation in a location separate from a worker’s personnel file.

 

The deadline date represents a delay in the date originally put forward by the U.S. Citizenship and immigration Services following action under the Bush administration.

 

As a result of efforts by, among others, the new White House under President Barack Obama, the deadline was moved back from February 2, 2009.

 

Chief of Staff Rahm Emmanuel sent memos to federal agencies urging them to allow 60 to 90 days to review policies implemented during the Bush administration and insure that they were not inconsistent with the new standards being developed by President Barack Obama.

 

Despite those reviews, the major change in the I-9 form is likely to stay in place. Under that change, employees will not be allowed to use any expired identification papers to prove their eligibility to work legally in the U.S. The delay, however, will give employers enough time to review the new form fully, according to the U.S. Citizenship and immigration Services (USCIS). The comment period ends March 4, 2009.

 

Employers are required by law to fill out a Form I-9 for each new hire. The purpose of the I-9 is to guarantee a worker’s identity and his or her legal right to work in the U.S. The revisions would also make minor changes in which documents are to be accepted by employers as verification. The I-9 form must not be used to screen applicants, however. This could be considered discriminatory. Companies are urged not to have new workers fill out the I-9 until after a job has been offered and accepted.

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