On June 26, 2008, U.S. Citizenship and Immigration Services withdrew the June 16, 2008 version of Form I-9 and reinstated the June 5, 2007 version, but with a new expiration date of June 30, 2009. Employers should start using the June 5, 2007 version with the June 30, 2009 expiration date immediately. Other than the revision date, there are no differences between the two June 2007 versions. The form is available at http://www.uscis.gov/i-9.

USCIS has stated that employers who used the June 2008 version while it was in effect will not encounter any difficulties. They simply want everyone to now use the June 2007 version with the June 30, 2009 expiration date.

The purpose of the I-9 Form is to document that each new employee (both citizen and non-citizen) hired after November 6, 1986 is authorized to work in the United States. This form is not filed with USCIS or any government agency. This information will be used by employers as a record of their basis for determining eligibility of an employee to work in the United States. The form will be kept by the employer and made available for inspection by officials of U.S. Immigration and Customs Enforcement, Department of Labor and Office of Special Counsel for Immigration Related Unfair Employment Practices.

Jorge R. Lopez is a Shareholder and Shin-I Lowe is an Associate in Littler Mendelson's Miami office. If you would like further information, please contact your Littler attorney at 1.888.Littler, info@littler.com, Mr. Lopez at jlopez@littler.com, or Ms. Lowe at slowe@littlerglobal.com.