Thursday, September 4, 2008

The Truth about the New 2008 I-9 Form

In June 2008, the Department of Homeland Security released a new I-9 Form. This under publicized action has caused a lot of confusion for companies who just started using the I-9 form released in December 2007. I would like to take a moment to clarify the process behind the new form release and the expiration dates at the top of the I-9 Form.

Listed next to the expiration date is OMB No. 1615-0047. This is actually a reference to a government process, at the Office of Management and Budgeting where a government agency must submit a supporting document for the actual creation of the I-9 form and the information that it is going to collect. The expiration date at the top is for how long the OMB has approved the agency (here the Dept. of Homeland Security) to use the Form. It's up to DHS to go to OMB and get extended approval.

In June 2008 the Department of Homeland Security got approval from the OMB to continue using the Form and released a new version bearing an expiration date of 6/30/09. Although DHS has released the new I-9 Form, it does not invalidate the previous 6/30/08 Form until 30 days after it has been printed in the Federal Register which has not occurred yet. So for companies who dread the thought of having to roll out a new form every 6 months rest assured that BOTH the 6/30/08 and the 6/30/09 Expiration Date Forms are currently valid. However, it may be a good idea to use up any 2008 Forms and start using 2009's as soon as it is feasible.

Here is a link for where you can find the 2009 Form:

www.uscis.gov/files/form/I-9.pdf

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