[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directing employers to continue to use the current form after its expiration date indicates that a new form will not be published until after August 31, 2012.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.
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.