[August 20, 2012] U.S. Citizenship and Immigration Services (“USCIS”) has announced that, until further notice, employers should continue to use the current version of Form I-9 after its stated expiration date of August 31, 2012. (While the current version shows a revision date of August 7, 2009, employers also may continue to use the prior version, which shows a revision date of February 2, 2009.)
Although USCIS has published a proposed revision to Form I-9 and accepted public comments, the recent announcement directing employers to continue to use the current form after its expiration date indicates that a new form will not be published until after August 31, 2012. USCIS will provide updated information when the new version of Form I-9 becomes available.
Instituted pursuant to the Immigration Reform and Control Act of 1986, Form I-9 provides a means for verifying that employees are authorized to work in the United States. Employers are required to complete a Form I-9 for each new employee hired after November 6, 1986.
Recommendations For Employers
When verifying the employment authorization of employees, employers should:
• Ensure that they are using a valid version of Form I-9;
• Properly complete a Form I-9 for each new employee, but not for any person who is an independent contractor, an employee of a contract service provider, or an employee who is not physically working in the U.S.; and
• Monitor news from USCIS regarding when the new Form I-9 will become available.
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Please contact us if you have any questions regarding employment verification or any other aspect of immigration law. The Firm regularly assists employers with preparing and processing employment-based non-immigrant and immigrant visa applications and would welcome the opportunity to assist you.