Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete a Form I-9. This employment eligibility verification form assists employers in verifying an employee’s identity and employment authorization. On the form, an employee must attest to their employment authorization. The employee must also present their employer with acceptable documents as evidence of identity and employment authorization. The employer then examines these documents to determine whether they reasonably appear to be genuine and relate to the employee. Lastly, the employer records the document information on the employee’s Form I-9.

Earlier this month, the United States Citizenship and Immigration Services (USCIS) released an updated version of the Form I-9 with an edition date of 01/20/25 and an expiration date of 05/31/2027. While the changes to the form are minor, they align the form with statutory language and update the Department of Homeland Security Privacy Notice.

Noteworthy updates include: 

• Renaming the fourth checkbox in Section 1 to “An alien authorized to work” 
• Revising the descriptions of two List B documents in the Lists of Acceptable Documents 
• Adding appropriate statutory language and a revised DHS Privacy Notice to the instructions 

As of April 3, 2025, E-Verify and E-Verify+ will have updated the Citizenship Status selection during case creation to reflect “An alien authorized to work” instead of the previous “A noncitizen authorized to work.” 

Employers should note: 

• If an employee attests on Form I-9 as “A noncitizen authorized to work,” the employer must select “An alien authorized to work” in E-Verify. 
• E-Verify cases will display “An alien authorized to work,” while employees and employers may continue to see “A noncitizen authorized to work” on Form I-9, depending on the form edition being used. 
• E-Verify+ participants will see the updated 01/20/25 edition date and 05/31/2027 expiration date reflected in Form I-9NG. 

The multiple previous editions of Form I-9 will remain valid until their respective expiration dates. Form I-9 (8/01/23 edition) is valid until 05/31/2027. The other Form I-9 (also an 8/01/23 edition), which is mainly used in electronic systems, is valid until 7/31/2026, although employers using this form must update their electronic systems with the 5/31/2027 expiration date by 07/31/2026.

The penalties for improperly completed Forms I-9 are substantial and non-compliance may result in ICE audits.  Employers should carefully review this document to ensure they are following the applicable rules and regulations: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274.