Yes, Employers Should Continue To Use The Expired Version Of The Form I-9

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Fox Rothschild LLPAs you (should) know, the current edition of the Form I-9 expired on August 31, 2019.  USCIS has decreed that, until further notice, employers should continue using this 2017 edition of the Form I-9 (annotated with “Form I-9 07/17/17 N” in the lower left corner and “Expires 08/31/2019” in the upper right corner) until further notice.  This version of the Form is available on USCIS’ website for use in Fillable PDF, Print and Spanish (for employers in Puerto Rico only).

Employers are to Continue to Use the Current Form I-9 for Employment Eligibility Verification even after the expiration date of Aug. 31, has passed because USCIS is still in the process of issuing an a new version of the form.

USCIS initially published an information collection notice in the Federal Register on March 1, 2019, at 84 FR 7101, allowing for a 60-day public comment period. USCIS received 21 comments in connection with the 60-day notice.  On June 5, USCIS published a new information collection notice in the Federal Register, at 84 FR 26140, allowing an additional 30 day public comment period.

It is expected that the current version of the form will be extended without changes, although minor clarifications may be made to the form’s instructions.

Employers must continue to comply with all IRCA requirements, including timely completion and updating of the Form I-9 to verify the identity and employment authorization of all employees.  There is no exception or waiver from these requirements due to the expiration date listed on the Form I-9.

We will provide updated information about the new version of the Form I-9 as it becomes available.

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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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