Form I-9 Revised (Yet Again )

October 15, 2009

United States Citizenship and Immigration Services (USCIS) has issued a new Form I-9 with a revision date of August 7, 2009 and an expiration date of August 31, 2012. With the exception of the edition and expiration dates, this new Form I-9 is substantively identical to the February 2, 2009 edition.

Employers may use either the August 7, 2009 or February 2, 2009 forms, and do not need to complete new forms for existing employees for whom a Form I-9 has been properly completed. The latest version of the Form I-9 can be found at www.uscis.gov/i-9.

Immigration Audits on the Rise

United States Immigration and Customs Enforcement (ICE) recently launched its new audit initiative by issuing Notices of Inspection (NOIs) to 652 businesses nationwide.

As described in ICE’s recent press release, the NOIs “alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations.”

These audits can result in substantial civil fines, as well as criminal penalties. (See Krispy Kreme Doughnut Corp., who  was recently audited and reached a $40,000 fine settlement with ICE this past July for violations of immigration laws.)

Employers should conduct periodic self-audits to make sure they have Form I-9s properly completed for each employee.

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