Employers may continue to use current version of Form I-9 past Aug. 31 expiration date

The current version of the Form I-9, Employment Eligibility Verification, will expire at the end of this month on Aug. 31. However, as U.S. Citizenship and Immigration Services (USCIS) has not yet released a new form, the E-Verify website has confirmed that employers may continue to use the current version beyond that date until a new version is introduced.

Key points:

• Until a new version is released, employers should continue using the current version of the Form I-9 even beyond the expiration date of 8/31/19 stamped in the upper-right corner.
• USCIS published a notice in March seeking to extend the current version of the Form I-9 without change. In June, the agency extended the comment period by 30 days, but has not yet released a new version to replace the current version.
• Updated information about a new version of the Form I-9 will be announced when available.

Background: Employers must complete the Form I-9 for each person they hire to perform labor or services in the U.S. in return for wages or other remuneration, to verify their identity and authorization to work in the U.S. Employers must also use the Form I-9 to reverify the employment authorization of individuals with temporary forms of work authorization.

BAL Analysis: Employers should be aware of the expiration date but continue to use the current version of the Form I-9 until a new version is released. It is unclear when USCIS will release a new version of the form, but according to the March notice, the new version of Form I-9 is not expected to contain significant substantive changes. The agency is expected to post an announcement of the new version of the form and will set implementation dates, notifying employers of when it will stop accepting the old version and begin requiring the new version.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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