Expiring Form I-9 Still Valid, Says USCIS

Employers take note: the I-9 forms with an expiration date of August 31, 2012 will not go out of date at the end of the month. You should continue using the “expired” forms until U.S. Citizenship and Immigration Services provides an update. From law firm Cox Smith:

“Contrary to the normal interpretation of the word ‘expire,’ the current Form I-9 (OMB-0047) with a revision date of 8/7/09Y and an expiration date of 8/31/12 will not expire on August 31. On August 13, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice on its website for employer guidance as to Form I-9 compliance that the current Form I-9 should continue to be used until USCIS provides updated information about the new version of the Form I-9 as it becomes available.”

Why does this matter? Law firm Proskauer Rose:

“… all U.S. employers must complete and retain a Form I-9 for each individual hired for employment in the United States, including citizens and noncitizens. In order to accurately complete the Form I-9, an employer must examine and document evidence of employment authorization and identity, and retain certain records for access by the government if necessary.”

USCIS has been working on a new version of the form since it released a proposed revision in late March 2012. Until then, employers should make sure they are working with a valid Form I-9. Again, Cox Smith:

“I-9 Central currently states that the Forms I-9 with the following revision dates are still valid:

  • Rev. 08/07/09
  • Rev. 02/02/09 N — An ‘N’ next to the revision date means that I-9 forms with earlier revision dates can no longer be used to verify employment eligibility. A ‘Y’ next to the revision date means the form is valid until USCIS issues a new form with a revision date containing an ‘N.’”

Read the updates:

See also: I-9 Compliance: What Employers Need to Know About ICE Verification & Audits

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