All employers are reminded that they should now be using the new Form I-9 (dated Feb. 2, 2009), which went into effect April 3, 2009. The new Form I-9 should only be used for new hires and re-verification of current employees with expiring employment authorization. Employers do not need to complete new forms for current employees with current work authorization. The new Form I-9 and a question-and-answer fact sheet regarding the new form are available online from the U.S. Citizenship and Immigration Services (USCIS).

Status of H-1B Cap

As of today, the H-1B cap has not been reached. Employers who wish to employ new H-1B workers in 2010 may still file their petition. On April 9, 2009, USCIS announced that it has received approximately 42,000 H-1B petitions counting toward the congressionally mandated 65,000 cap. The agency continues to accept petitions subject to the general cap. Although it has reached the cap of 20,000 petitions for aliens with advanced degrees, USCIS will continue to accept advanced-degree petitions, since experience has shown that not all petitions received are approvable.