The current Employment Eligibility Verification Form, commonly referred to as Form I-9, expires Aug. 31, 2012. Once it expires, what should employers do?
All U.S. employers must complete and retain a Form I-9 for all citizens and noncitizens they hire for employment in the United States, according to the U.S. Citizenship and Immigration Services (USCIS).
At the time of this article, USCIS has not issued an updated or replacement form. In the past, the USCIS has allowed the use of the expired I-9 form until a replacement form is announced. Employers should continue to use the current Form I-9, which is available on the USCIS website, according to the agency.
“The standard procedure is for the form to be re-issued as is with an updated renewal date,” said Ann Cun, an immigration attorney and counsel for LawLogix Group, a provider of electronic I-9 compliance software. “I wouldn’t be surprised if that’s what happens,” she told SHRM Online. “It will buy USCIS and the Office of Management and Budget more time to eke out an updated form and then publish their findings in the Federal Register.”
The USCIS recently requested public comments on proposed revisions to the Form I-9 to help address the burden of completing the form and make other needed updates. Specifically, the USCIS sought comment on the following topics:
Expanded Form I-9 instructions and a revised layout.
New, optional data fields to collect the employee’s e-mail address and telephone number.
New data fields to collect the foreign passport number and country of issuance. This applies only to aliens authorized to work in the U.S. who have also recorded their Form I-94 admission number on the Form I-9.
Employers are advised to stay current on changes to the Form I-9, and prepare to update their process when the new version is released.