Discard Expired I-9 Forms

New Version of I-9 Released, USCIS says it’s OK to Keep Using the Expired Version Too!

Last week, USCIS released a new version of the Form I-9, Employment Eligibility Verification and issued this statement:

Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009. The revision dates are located on the bottom right-hand portion of the form.

Although it is acceptable to use either version of the I-9 form, because the form did not change only the revision date and expiration date changed, I would encourage employers to discard any blank copies of the expired I-9 form and use only the most current version. Employers should consider it a “best practice” to always use the most current version of the form for all new hires.

I did a 3rd party audit this week of a company that had purchased a package of I-9 forms from an HR supply company when they opened their doors 10 years ago. They were not aware the form had been updated several times and were continuing to use the expired forms with the expired list of acceptable documents for all new hires. They were miserably non-compliant without realizing it! Had they been visited by ICE their fines would have totaled nearly $10,000 because of a simple mistake.

I also think it sets a bad precedent; some employers may get the impression since this expired I-9 Form is okay to use than any expired I-9 is okay to use. It’s such a complex matter to begin with why make it harder than it has to be? Discard the expired version of the form and replace it with the most current version of the Form I-9 for any new hire.

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