Keep Using the Expired Form I-9, Says USCIS
By Nancy R. McDermott, Content Editor, Legal
The United States Citizenship and Immigration Services (USCIS) recently issued a statement regarding the current “Form I-9, Employment Eligibility Verification,” which expired on August 31, 2019. The current form was released on July 17, 2017, and lists an expiration date of “08/31/2019.”
Since this form is now expired, many employers have expressed concerns about whether they should continue to use this version of the I-9 form. In a statement the USCIS advises employers as follows:
“Continue to Use the Current Form I-9 for Employment Eligibility Verification Until further notice, employers should continue using the Form I-9 currently available on I-9 Central, even after the expiration date of Aug. 31, has passed. We will provide updated information about the new version of the Form I-9 as it becomes available. Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.”
In March 2019, the USCIS published a Federal Register notice that initiated a 60-day comment period on its plan to extend the Form I-9 without making any changes. After receiving 21 comments, it then extended the comment period an additional 30-days until July 5, 2019.
The USCIS has not announced exactly when the new edition of the form will be published. That fact aside, employers should continue to use the current version (with expiration date of August 31, 2019) until a revised version is available.
Employers can download the current I-9 from the USCIS at https://www.uscis.gov/i-9. Stay tuned to stay up to date on the status of the revised Form I-9.
Nancy R. McDermott has more than 17 years’ experience as a legal writer and editor. She writes and edits the federal Personnel Advisor manual and several state Personnel Advisor manuals and newsletters and is responsible for the design, development, and data maintenance of the Personnel Advisor HR website. She has also worked as a Court Watch Research Analyst for Texas Watch, a grass-roots organization, and for the Texas Legal Services Center, conducting legal research. Nancy earned her Bachelor of Arts degree in Criminal Justice from the University of Texas at San Antonio, and her law degree from Vermont Law School.