On Aug. 13, 2012, the U.S. Citizenship and Immigration Services (USCIS) announced that the most recent version of Form I-9 remains valid notwithstanding the OMB expiration date of Aug. 31, 2012 (located in the upper right hand corner on the form). Until further notice, the current form, which was last revised on Aug. 7, 2009 (located in the lower left hand corner), should continue to be used for new employees. USCIS published a proposed new form in March, and requested comments, but has not published the revisions in final form.

The Form I-9 must be prepared by new employees not later than the first day of employment, and supporting documents must be reviewed by the employer and section 2 of Form I-9 must be completed within three business days of the first day of employment. Employees are required to present proof of identity and proof of employment eligibility with the completion of Form I-9. For more information on the rules governing I-9 compliance requirements, please see our previous post.