Employers Should Continue Using The Current Form I-9 Despite Its Expiration Date

To properly document that new employees are authorized to work in the United States, employers are required to make sure a federally-issued Form I-9 is completed on each employee hired after November 6, 1986.  The form must be fully completed within three business days of the employee’s first day of work.  As part of this process, the employer must review certain identifying documentation presented by the employee.  The Form I-9 is not filed with any governmental agency, but is subject to audit and inspection by the Department of Homeland Security and the Department of Labor.

The Form I-9 is approved and authorized by the federal Office of Management and Budget (OMB).  The form has evolved over time and occasionally a new Form I-9 is approved by OMB.  Employers should take care to make sure that they are using the currently effective Form I-9.

The current Form I-9 has an OMB expiration date of August 31, 2012.  The United States Citizenship and Immigration Services (USCIS) agency recently issued a notice that despite this expiration date, employers should continue to use the currently available form until further notice.  Accordingly, employers should continue to use this form after August 31, 2012.

Takeaway:  Despite the August 31, 2012, expiration date on the current Form I-9, employers should continue to use that version until further notice from USCIS.

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on August 30, 2012, in Hiring, Immigration. Bookmark the permalink. Leave a comment.

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