Are expired I9 forms valid?

I'm rather new to HR duties. I'm reviewing our employee files for compliance, and I've noticed we're still using copies of I-9 forms dated to expire on 3-31-07. Is this something I should be concerned about? I did go ahead and print out the latest form, I'm just hoping that all of our hires between now and that expiration date aren't going to be a problem should we ever experience an audit.


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  • An updated I-9 form went into effect on April 3, 2009:
    • Employers must use the new form starting April 3, 2009
    • The I-9 form has been updated February, 2009 and August, 2009. Both editions are acceptable
    • Employers who do not use the new form may be subject to civil money penalties
    • The new form must be used for new employees and employees who need reverification
    • The updated I-9 form can be downloaded from the website at

    Changes that were made to the I-9 form in 2009 include:

    • Three employment authorization documents were removed from List A:
      • Form I-688
      • Form I-688A
      • Form I688B
    • Three documents were added to List A:
      • U.S. Passport Card
      • Unexpired foreign passport with the temporary I-551 printed notation on an MRV (Machine Readable Visa)
      • Passport form the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid I-94 or I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI
    • Expired documents are unacceptable, including U.S. passports and all List B documents used to establish identity
    • Amended employee's attestation of status in Section 1: U.S. Citizens and Nationals are now two different boxes
    • Non-citizen nationals: born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands and certain children of non-citizen nationals born abroad
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