Jordan Ramis pc. Attorneys at law
No Need to Panic: USCIS Extends Validity of Current I-9
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This article is intended to inform the reader of general legal principles applicable to the subject area. It is not intended to provide legal advice regarding specific problems or circumstances. Readers should consult with competent counsel with regard to specific situations.

Summer 2009

The United States Citizenship and Immigration Services ("USCIS") division of the Department of Homeland Security announced on Friday, June 26, 2009, that it was extending the validity of the current and approved Employment Eligibility Verification Form I-9 ("I-9") beyond its present expiration date of June 30, 2009. The current I-9 was last revised in February 2009 and reflects this revision as Rev. 02/02/09 in the lower right hand corner of the document, and the expiration date of 06/30/09 in the upper right hand corner of the document.

Employers have been required to complete the I-9 for every employee hired since November 6, 1986, on a current and approved USCIS Form I-9. An employer that uses an out-of-date I-9 may be subject to civil penalties ranging from $110 to $1,100. So it is important for employers to check the dates that appear on their I-9 Form to ensure use of the current I-9. Click here to obtain the most current I-9.

In announcing the extension, USCIS also announced that it has requested that the Office of Management and Budget ("OMB") approve the continued use of the current version of the I-9. While this request is pending, the current version of the I-9 will not expire. Once the extension is approved by OMB, the USCIS will update the I-9.

Employers should review their I-9 process to ensure that they are using the current and approved I-9. This is also a good time to train employees administering the I-9 process on the proper compliance procedures.