The New “Old” I-9
July 2008

Remember our November 2007 Client Alert regarding the New I-9 forms? Let’s flash back, “Just when you finally trained your HR staff to properly complete I-9 forms on new employees, the Department of Homeland Security has announced it is changing the form that you must use. That is the bad news.”

Well, on June 26, 2008, U.S. Citizenship and Immigration Services (“USCIS”) withdrew the June 16, 2008, version of I-9 form and reinstated the June 5, 2007 version. The only change from the June 5, 2007 version is a new expiration date of June 30, 2009. Employers should start using the June 5, 2007 version with the June 30, 2009, expiration date immediately. The form is available at http://www.uscis.gov/i-9.

USCIS has stated that employers who used the June 2008 version while it was in effect will not encounter any difficulties. They simply want everyone to now use the June 2007 version with the June 30, 2009, expiration date.

As we previously stated, proper administration of the I-9 process is becoming increasingly important. We recommend employers work with legal counsel to conduct a spot audit of their I-9 records to ensure the forms are being properly completed and maintained.

* This Client Alert has been prepared by Lewis and Roca LLP for informational purposes only and is not legal advice. Readers should seek professional legal advice on matters involving these issues.

View entire publication in PDF format here.