Employers Should Continue to Use Current Form I-9 After August 31, 2012

On August 13, 2012, the U.S. Citizenship and Immigration Services (USCIS) announced that the Employment Eligibility Verification Form I-9, the form that must be completed by all employers to verify the employment eligibility of every new hire, will continue to be valid beyond its planned expiration date of August 31, 2012. Until further notice, employers should continue using this version of the form, currently available on the forms section of the USCIS website.

On March 27, 2012, USCIS published a draft of proposed revisions to the Form I-9. A second revised version was released in July 2012. Some of the more noteworthy revisions include:

  • Expanded Form I-9 instructions and a revised layout;
  • New, optional data fields to collect the employee’s email address and telephone number; and
  • New data fields to collect the foreign passport number and country of issuance, if employees use their I-94 and foreign passport for work authorization.

USCIS accepted comments on the proposed changes until May 29, 2012, and recently extended the period for the public to comment on changes to the form until September 27, 2012. For more information, click here.

Andrew W. Merrills is a shareholder in the Raleigh office of Ogletree Deakins, and he chairs the firm’s Immigration Practice Group. Sarah J. Hawk is a shareholder in the Atlanta office of Ogletree Deakins, and Nicole Brooks is an Immigration Client Resources Manager in the Raleigh office of Ogletree Deakins.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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