Completing a Form I-9 for a new employee involves many steps. Compliance requires effort, from collecting the appropriate documentation to possibly creating cases in E-Verify. The consequences of noncompliance might seem distant, especially since you only need to maintain accurate files for your business. However, a company could slip into noncompliance in some areas, even with the best intentions in mind.
One common problem—and a frequent question about the process—concerns whether Forms I-9 expire. It is vital to use the correct edition or version of the form. If an audit reveals that you used the wrong version, all those records are non-compliant. Such an oversight could translate into hefty fines.
How long does an I-9 remain valid, and when must you make changes? There are a few scenarios to consider. Let’s start with one of the most possible changes, such as when the US Citizenship and Immigration Services (USCIS) updates the form.
From time to time, the I-9 form itself changes. You can differentiate between editions by the effective date printed on every form. For example, the most current I-9 form has the effective date of 08/01/2023. This version has been mandatory for new hires since November 2023. The USCIS has revised Form I-9 to streamline processes, update lists of acceptable documents, and more.
Issuing a new I-9 form does not mean that your existing forms on file will expire. You don’t need to go back and re-verify every employee as soon as the government releases a new form. However, when new releases occur, you should prepare to adopt the updated version as soon as possible. You’ll need to use that version for all new hires and any re-verifications you may require.
What other aspects mean an I-9 form might no longer be valid?
You must keep valid I-9s on file for all employees currently on your payroll and actively working for you. In general, these forms remain valid throughout the individual’s employment, even if a new form comes into effect while they work for you. The USCIS does not aim to create overly burdensome regulations on employers; hence, continuously updating I-9 editions for every employee is unnecessary.
However, there are some exceptions. Not everyone you hire will have permanent authorization to work.
From time to time, current employees may need to present you with new employment authorization documents. Some of these documents expire, especially for foreign nationals authorized to work in the US—a section of the I-9 for re-verifying current employees when their authorizations expire.
According to the USCIS, you must complete a supplement on the latest Form I-9 when an employee’s original form is no longer the valid version. Do not discard the original I-9. Instead, conduct the re-verification and complete the new form. File and retain this new copy with the employee’s original form. You will need to produce both copies in the event of an audit.
For more information, especially regarding automatic authorization extensions, explore the I-9 Central information on the subject.
Remember, a Form I-9 itself does not technically expire—the authorization to work in the US expires. The USCIS clearly explains how to handle this kind of expiration. You must meet with the employee to complete Supplement B, Reverification and Rehire. You will need to use a new sheet each time you re-verify someone’s eligibility. Keep all the forms filed together.
The process to follow is simple:
Always use the most recent version of the I-9 form when re-verifying someone with expired authorization.
To recap, I-9 forms for current employees remain valid, provided their employment authorization is valid. I-9s are still good for most US citizens while the individual works for the company. A new form becomes necessary only if they leave the business and return after some time.
Expiring employment authorizations do require you to revisit the I-9 to keep it current. Likewise, entirely new editions of the form are released every few years. When forms change, you must adopt the latest version by the USCIS-set deadlines. You don’t need to change all your existing forms that are still valid, but any new hires or reverifications should be on the latest form.
Maintaining compliance with employment authorization regulations can seem daunting at first. You can set your business up for success with a clear understanding of the requirements. Remember that the USCIS provides extensive and easy-to-understand resources online in the I-9 Central. Review your strategy for keeping I-9s up to date today and explore whether it’s time to make a change.