I-9 Like Your Cereal: Valid Past Expiration, For Now

Baker Donelson
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Clients who pay attention might worry that they have missed something when they see that the OMB expiration date of March 31 has come and gone. But just like some items in your refrigerator or pantry, the Form I-9 for verification of identity and authorization of every new hire is actually OK to use past the printed expiration date, for now. USCIS had planned to replace it with a new form by now, but their new complicated form has gotten tied up in a prolonged notice and comment process and is not ready for consumption. So U.S. employers should keep using the facially “expired” I-9 form from www.uscis.gov/I-9 until further notice from USCIS and us.

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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