Flash Alert: Current Form I-9 Remains Valid After June 30, 2009, and Labor Condition Applications Must Be Submitted Through iCERT Beginning July 1, 2009


exclamation pointUSCIS Issues Guidance on Employment Eligibility Verification Form

From the USCIS Website:

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that the Employment Eligibility Verification form I-9 (Rev. 02/02/09) currently on the USCIS Web site will continue to be valid for use beyond June 30, 2009. 

USCIS has requested that the Office of Management and Budget (OMB) approve the continued use of the current version of Form I-9. While this request is pending, the Form I-9 (Rev. 02/02/09) will not expire.

USCIS will update Form I-9 when the extension is approved.   Employers will be able to use either the Form I-9 with the new revision date or the Form I-9 with the 02/02/09 revision date at the bottom of the form. 

For more information on USCIS and its programs, visit www.uscis.gov.

Reminder: New Labor Condition Application Becomes Mandatory on July 1, 2009

Beginning July 1, 2009, the US Department of Labor will require that every Labor Condition Application (LCA) be filed through the new iCERT Internet portal. Under the new system, DOL expects that it will take up to seven days to certify an LCA. (Under the current system, certification generally takes a few minutes.) Therefore, we recommend that employers factor in at least an additional week to process the LCA, which is a pre-filing requirement for every petition for H-1B, H-1B1 and E-3 classification.

Source: Proskauer Rose LLP

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