Form I-9 Remains Valid Beyond August 2012

The U.S. Citizenship and Immigration Services (USCIS) recently confirmed that the employment eligibility verification (I-9) form, available on the USCIS WebSite, remains valid despite its stated expiration date of August 31, 2012. The USCIS process for making changes to the I-9 and releasing a new version has been extended beyond the expiration. Employers should stay current on form validity, to ensure they always use the correct versions of all forms – not only the I-9.

I-9 for Employment Eligibility Verification

All U.S. employers should be familiar with the I-9. This form is used to verify the employment eligibility of new hires. Every employer must re-verify the employment eligibility of workers who submit documents containing expiration dates, such as those in H1B status and those working based on employment authorization documents (EADs).

Requirements for re-verification of employment eligibility are tied to the expiration of the employee’s documents, not the expiration date on the Form I-9. Employers who need more information on the I-9 may find helpful guidance on USCIS’s I-9 Central page.

Why I-9 is Valid Despite Expiration Date

The USCIS is working on revisions to the I-9 form. As part of that process, a notice was posted in the Federal Register on March 27, 2012. The public was given a 60-day period during which to comment on the proposed changes. Based on more than 6,000 comments received, the USCIS determined to make changes in their proposed I-9.

The USCIS published a second notice in the Federal Register on August 22, 2012, with a new request for comments ending September 21, 2012. The most recent version of the I-9 remains valid until further notice.

Recommendations

Employers need to be certain they are complying with the employment verification, or I-9, requirements. It is important they take steps to ensure that the correct version of the I-9 is in use at all times. They should always double-check form versions against those on the USCIS WebSite.

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