To properly document that new employees are authorized to work in the United States, employers are required to make sure a federally-issued Form I-9 is completed on each employee hired after November 6, 1986.  The form must be fully completed within three business days of the employee’s first day of work.  As part of this process, the employer must review certain identifying documentation presented by the employee.  The Form I-9 is not filed with any governmental agency, but is subject to audit and inspection by the Department of Homeland Security and the Department of Labor.

The Form I-9 is approved and authorized by the federal Office of Management and Budget (OMB).  The form has evolved over time and occasionally a new Form I-9 is approved by OMB.  Employers should take care to make sure that they are using the currently effective Form I-9.

The current Form I-9 has an OMB expiration date of August 31, 2012.  The United States Citizenship and Immigration Services (USCIS) agency recently issued a notice that despite this expiration date, employers should continue to use the currently available form until further notice.  Accordingly, employers should continue to use this form after August 31, 2012.

Takeaway:  Despite the August 31, 2012, expiration date on the current Form I-9, employers should continue to use that version until further notice from USCIS.