The DHS I-9 form, used by employers to report verification of employment elgibility, has expired as of 31 March 2007, and the DHS not issued a replacement. Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., the government cannot assess any penalty for failure to fill out the form:
Public protection
(a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information that is subject to this subchapter if–
(1) the collection of information does not display a valid control number assigned by the Director in accordance with this subchapter; or
(2) the agency fails to inform the person who is to respond to the collection of information that such person is not required to respond to the collection of information unless it displays a valid control number.
(b) The protection provided by this section may be raised in the form of a complete defense, bar, or otherwise at any time during the agency administrative process or judicial action applicable thereto.
44 U.S.C. 3512
DHS even admits that they are in violation of the law, by requiring employers to submit the information despite the expiration of the OMB document control number.
I have been asked to fill out an I-9 with the expired control number. The government has always denied me the use of expired documents (e.g., driver’s license or passport). Why should I respect their expired documents, especially when the law clearly states that I cannot be penalized for failing to do so?
Consult an attorney before making your own decision as to whether to complete an I-9.
Employees no longer need to fill out I-9 forms!
The DHS I-9 form, used by employers to report verification of employment elgibility, has expired as of 31 March 2007, and the DHS not issued a replacement. Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., the government cannot assess any penalty for failure to fill out the form:
DHS even admits that they are in violation of the law, by requiring employers to submit the information despite the expiration of the OMB document control number.
I have been asked to fill out an I-9 with the expired control number. The government has always denied me the use of expired documents (e.g., driver’s license or passport). Why should I respect their expired documents, especially when the law clearly states that I cannot be penalized for failing to do so?
Consult an attorney before making your own decision as to whether to complete an I-9.