USCIS Says to Keep Using Expiring Form I-9

While it works to issue a new Form I-9 — “Employment Eligibility Verification” — the United States Citizenship and Immigration Services (USCIS) is urging employees to keep using the current version dated “07/17/17,” which is set to expire on Aug. 31.

form-i-9The agency notes: “We will publish a new edition of this form soon. In the meantime, you may file using the 07/17/17 edition. You can find the edition date at the bottom of the page on the form and instructions.”

Form I-9 is a child of the Immigration Reform and Control Act (IRCA) of 1986 and is designed to verify the eligibility of people to work in the United States. It is required of all employees hired after the enactment of the law. Only those continuously employed since before the legislation was signed are exempt.

The Paperwork Reduction Act of 1980 dictates that all government forms must be reviewed every three years and updated or discarded as necessary. Thus Form I-9 recently underwent a public commentary period and its 2019 version is now being reviewed by the Office of Information and Regulatory Affairs (OIRA).

USCIS has under the Trump administration greatly accelerated its audits of company-held Forms I-9, with some 70 percent of all forms estimated to contain an error. The average fine for non-compliance now comes in at about $1,800 per violation.

COMPLIANCE NOTE: With I-9 inspections so frequent — and fines going up all the time — it is essential for all businesses in the United States to keep their Forms I-9 current and correctly filled out. Personnel Concepts’ I-9 Self-Audit Kit will guide you through the process of verifying if your records are being correctly filled out and maintained. Get a copy today and stay fine-free.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.
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