Last week, on August 13, 2012, the U.S. Citizenship and Immigration Services (USCIS) announced that the most recent version of Form I-9 remains valid despite the OMB expiration date of Aug. 31, 2012. Until the USCIS advises otherwise, employers should continue to use the current form, which it last revised on August 7, 2009, for new employees. The agency published a proposed new form in March, and has requested comments, but, thus far, the USCIS has not published the revisions in final form.

New employees must prepare the Form I-9 no later than their first day of employment. Within three business days, employers must review any supporting documents and must complete section 2 of Form I-9. Employees are required to present proof of identity and proof of employment eligibility with the completion of Form I-9.