Today, the USCIS announced that employers can continue to use the current version of the Form I-9 (Rev. 2/2/09) beyond its expiration date of June 30, 2009. The Form I-9 is currently under review at the Office of Management and Budget (OMB), and the USCIS has requested that it be approved without any substantive change. Once approved, a new Form I-9 will be posted on the USCIS web site with a new revision and expiration date. According to today’s press release, employers will be able to use either the revised version or the current version of the form.
Employers using an electronic I-9 system will be largely unaffected by these developments as long as their system has the required fields and data elements of the current I-9 form and can reproduce a legible hardcopy in the event of an audit.