New Form I-9

The Department of Homeland Security has now issued a new Form I-9 to be used as part of the Employment Eligibility Process. The new form has an effective date of April 3, 2009, and only this new form should be used on and after this date. Among other changes to the form, only unexpired documents may be presented during the I-9 verification.

Please note that the effective date of the new Form I-9 may be delayed in light of President Obama's directive regarding the implementation of pending regulatory changes. Until an express decision has been made, we recommend that employers use the new form as of April 3, 2009.

E-Verify for Federal Contractors

Starting on May 21, 2009 and with limited exceptions, all federal contracts awarded and solicitations issued should include a clause in the contract requiring government contractors (including subcontractors) to use E-Verify to verify the contractors' employees' eligibility to work in the United States. The E-Verify system must be used for all new hires in the enrolled location as well as for all employees directly working on the federal contract. Employers must enroll in E-Verify within 30 days of the contract award date by the federal government.

Please note that the effective date of this new rule has already been postponed to May 21, 2009 as the result of pending litigation. We will keep employers apprised of the status of this mandate in the event that the implementation is further delayed.

If you have further questions, please consult with an immigration attorney at Parker Poe.