The Form I-9 is About to Expire on August 31st. So What Should an Employer Do?
The most updated Form I-9 (“I-9”) expires on August 31, 2012. As required by the government, employers must use unexpired I-9s when they verify an employee’s authorization to work. At this time the government has not issued an updated I-9 for use after August 31st.
So what should an employer do? At this time, employers should continue to use the current I-9that was most recently issued by the U.S. Citizenship and Immigration Services (“USCIS”).
USCIS issued a bulletin on August 13, 2012 stating: “until further notice, employers should continue using the Form I-9 currently available on the forms section of https://www.uscis.gov. This form should continue to be used even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.”
So for now, you can continue to use the most recent I-9, but stay tuned to ensure your company begins using an updated I-9, once it is released by USCIS.
Daniel N. Ramirez is a named partner at Monty & Ramirez LLP. He is also board certified in labor and employment law by the Texas Board of Specialization and has been recognized as a Rising Star by Super Lawyers magazine.
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