CLIENT ALERT: USCIS Clarifies Which Form I-9 Employers Should Use

On June 29, 2009, United States Citizenship and Immigration Services (“USCIS”) announced that the Form I-9 Employment Eligibility Verification (Rev. 02/02/09) will continue to be valid.  This version of the Form I-9 had been set to expire on June 30, 2009.

Employers should use Form I-9 with the 02/02/09 revision date on the bottom of the form.  Proper forms – in both English and Spanish – are available directly from the USCIS website by visiting  USCIS has requested that the Office of Management and Budget approve the continued use of the current version of Form I-9. While this request is pending, the Form I-9 (Rev. 02/02/09) will not expire.  USCIS will update Form I-9 when the extension is approved.  Form I-9 (Rev. 02/02/09) is the proper form for employers, and, for now, employers may ignore the printing on the form stating that it expired on 6/30/09.

Employers must ensure that they are complying with their obligations under immigration law, including the collection and retention of Form I-9.  For more information, please contact your MBJ attorney.

Jeffrey S. Siegel, Esq. is an attorney with Morgan, Brown & Joy, LLP.  Jeff may be reached at (617) 523-6666 or at  Morgan, Brown & Joy, LLP focuses exclusively on representing employers in employment and labor matters.

This alert was prepared on July 6, 2009.

This publication, which may be considered advertising under the ethical rules of certain jurisdictions, should not be construed as legal advice or a legal opinion on any specific facts or circumstances by Morgan, Brown & Joy, LLP and its attorneys.  This newsletter is intended for general information purposes only and you should consult an attorney concerning any specific legal questions you may have.