USCIS Extends Validity of Current Employment Eligibility Verification Form I-9 Past Its Stated Expiration Date

27 August 2012 Labor & Employment Law Perspectives Blog

U.S. Citizenship and Immigration Services (USCIS) recently announced  that employers should continue using the current version of Employment Eligibility Verification Form I-9 even after the August 31, 2012 expiration date printed on the form.Employers must use Form I-9 to verify the employment eligibility of any person hired in the United States to perform labor or provide services in return for wages or other remuneration. The form must be completed within three business days of the first day of work for pay. The current version of the Form I-9  has an expiration date of August 31, 2012 printed in the upper right corner and a revision date of August 7, 2009 printed in the lower right corner. While employers should generally use this version in verifying employment authorization, the instructions for Form I-9 also state that the prior version of the form with a February 2, 2009 revision date also is acceptable.

A new version of Form I-9 is in the works. On March 27, 2012, USCIS published a proposed revision to Form I-9 and its instructions.

The proposed revision would expand Form I-9 from two to three pages. It also would provide more-detailed instructions as well as clearer explanations about the specific information required in key fields. Notable changes include new, optional data fields to collect the employee’s email address and telephone number, and new data fields to collect the foreign passport number and country of issuance, in cases where employees use a Form I-94, Arrival/Departure Record, and their foreign passport to document work authorization.

In line with the proposed changes and federal rulemaking requirements, USCIS accepted comments on the proposed revisions through May 29, 2012. The announcement that employers should continue to use the current Form I-9 until further notice indicates that USCIS will not publish a final revised version of Form I-9 before the current Form I-9 expires. Please stay tuned to our Employment Law Updates for more information when the new Form I-9 goes into effect.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Related Services