Expired Federal Form I-9 Still in Effect Until Further Notice

The Employment Eligibility Verification Form I-9 (Form I-9) is a two-page U.S Citizenship and Immigration Services (USCIS) document which is used by employers to verify an employee’s identity and eligibility to work in the United States. All employers are required to complete and retain a Form I-9 on each new employee within three (3) days of the employee being hired. 

To ensure compliance with the Immigration Reform and Control Act (IRCA) employers should periodically audit their Federal Form I-9s to ensure:

· Each employee who was hired before November 6, 1986 has a Form I-9 on file.

· Form I-9 is completed properly and in compliance with IRCA guidelines.

· Appropriate documentation is provided within three (3) days of each employee’s hire date.

· Documentation is properly certified by the individual responsible for completing the Form I-9 on each employee.

The most recent Form I-9, dated March 08, 2013 was set to expire on March 31, 2016. However, according to the USCIS, employers should continue to use the expired form as it continues to be effective even after its expiration date. On March 28, 2016 the USCIS published a second round of proposed changes to the Form I-9 in the Federal Registers which allows the public to provide comments over the course of the next thirty (30) days. Following approval, the Form I-9 will be available for download at www.uscis.gov.

The proposed changes specifically aim to help employers reduce technical errors for which they may be fined. Most of the proposed changes will have a larger impact on the electronic Form I-9 instead of the hard copy. A few of the proposed changes include a dedicated area to enter additional information which employers are currently required to notate in the margins of the document, additional space to document multiple preparers and translators, and drop down lists and calendars.

CBS is very knowledgeable on IRCA regulations as well as proper Form I-9 compliance. CBS has developed a Form I-9 Audit Checklist and participated in multiple Form I-9 audits. Please call us today so we may ensure your organization is compliant with IRCA regulations. Of course, CBS will be pleased to assist your organization with any HR compliance issue you may – or could be – experiencing.

Source: https://www.shrm.org/hrdisciplines/staffingmanagement/articles/pages/uscis-expired-form-i-9-still-in-effect.aspx

Immigration Reform and Control Act, Public Law 99-603 (1986).