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.
  

Following up on our recent news flash, the government has just published the New I-9 Form, to be used starting February 2, 2009.  (http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf)

Stay tuned for an upcoming news flash on I-9’s, E-verify and more.  We’ll also plan to assess what affect, if any, President Obama’s suspension of the implementation of regulations from the Bush Administration has on the new I-9 form and E-verify. 

We have some important new developments relating to I-9s, E-Verify and travelling under U. S. Visit.  You may wish to forward the U.S. Visit information to your foreign national employees.  Please enjoy a happy beginning to a new year.

New I-9 Employment Authorization Verification Form Required

• The Department of Homeland Security has issued a new rule and form for Employment Eligibility Verification (Form I-9), which employers will be required to use as of February 2, 2009.  In typical government fashion, the form has not yet become available.  Please watch our website as we will post a link to it immediately when the government releases it.  Also, 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.
  

The Department of State issued its November visa bulletin, which shows some forward movement in the Employment-Based Second and Third preference categories. 

• All countries of chargeability, including China, India, Mexico and the Philippines, remain current in the Employment-Based First preference category.

• In the Employment-Based Second preference category, priority dates for Chinese and Indian nationals have each advanced two months, to June 1, 2004 and June 1, 2003, respectively.  Mexico, the Philippines and all other areas of chargeability remain current.

• The Third preference category shows advancement across the board.  The “all other areas of chargeability” category progressed four months to May 1, 2005; China advanced to February 1, 2002; and India moved forward by three months to October 1, 2001.  Mexico and the Philippines advanced to September 1, 2002 and May 1, 2005, respectively.

The November bulletin also reports that the United States Citizenship & Immigration Services has a significant amount of cases with priority dates earlier than the established cut off dates.  This backlog will likely result in slow forward movement of cut off dates during the next few months.