Which version of the Form I-9 should employers use for their new hires?

USCIS made a mistake, corrected it, and posted a clarification on its website. The screenshots below shows the right version of  the Form I-9, which is now available for downloads in PDF on the USCIS website.

For a few days in June, there was a revised version of the I-9 form on USCIS.gov (June 08). The website has since been changed. However, some members had already advised clients to start using this revised form. Is the new form invalid or just not yet required?

The short answer is that if someone had used the previous version of the Form I-9 with the 6-16-2008 revision date, it is still valid.

Here is the long answer from USCIS:

Answer: There was an I-9 form on the USCIS website with a revision date of 6-5-07 that had an expiration date of 6-30-08. In mid-June 2008, a new form was posted with a revision date of 6-16-08 and an expiration date of 6-30-09. However, the content of the form did not change. Therefore, USCIS determined that the revision date did not need to be changed, however the expiration date did need to be changed. As a result, the I-9 form on USCIS.gov is the latest version of the form and it bears a revision date of 6-5-07 and an expiration date of 6-30-09. If individuals used the version of the form with the 6-16-08 revision date, it is still valid per the Verification Division of USCIS. For more information on the USCIS website go to: http://www.uscis.gov/i-9

On the same USCIS website page, you will also see the following statement:

Edition Date :
Rev. 6/5/07. No previous edition accepted.

This page also has a link for downloading Form I-9 in Spanish with the following warning from USCIS:

Note: The Spanish version of Form I-9, available below on this page, may be filled out by employers and employees in Puerto Rico ONLY. Spanish-speaking employers and employees in the 50 states and other U.S. territories may print this for their reference, but may only complete the form in English to meet employment eligibility verification requirements.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.