On April 2, 2025, the U.S. Citizenship and Immigration Services (USCIS) released an updated Form I-9. However, employers can continue using the previous versions of the form. Here’s what HR professionals need to know and how to ensure your processes remain compliant.
Key Updates to the Revised Form I-9
The latest Form I-9 carries an edition date of 01/20/2025 and an expiration date of 05/31/2027. USCIS has made the form available for immediate use, although prior versions remain valid until their respective expiration dates.
Key changes include:
- Section 1 Update: The fourth checkbox has been renamed from “A noncitizen authorized to work” to “An alien authorized to work” to align with statutory language.
- Lists of Acceptable Documents: Descriptions of two List B documents have been revised to replace the term “gender” with “sex”.
- Instructions Update: The DHS Privacy Notice and statutory references have been updated to reflect current legal standards. These changes will also be reflected in E-Verify and E-Verify+ beginning April 3, 2025.
Form Editions and Validity:
- 08/01/23 edition with expiration date 05/31/2027 remains valid.
- The 08/01/23 edition with an expiration date of 07/31/2026 is also valid until its expiration, but employers using this edition must update electronic systems to reflect the new expiration date by July 31, 2026.
E-Verify System Changes Effective April 3, 2025
E-Verify and E-Verify+ will incorporate the new statutory language into their employee citizenship status options. Employers should note the following:
- When an employee selects “A noncitizen authorized to work” on Form I-9, the E-Verify system will now reflect this as “An alien authorized to work.”
- Depending on which edition of Form I-9 is used, employees may still see the former language; however, the E-Verify system will use the updated terminology for consistency with legal language.
- Participants in E-Verify+ will see the new edition of 01/20/25 and the expiration date noted in Form I-9NG.
- Web Services (WS) users will see status updates automatically adjusted to “An alien authorized to work,” even if the older terminology is submitted.
Next Steps for Employers
To stay compliant, employers should take the following steps:
- Review and Use the Correct Form Edition: Begin transitioning to the 01/20/25 edition of Form I-9. Verify that your electronic I-9 systems are updated to reflect the new expiration date and terminology. Continue to accept previously valid editions until their respective expiration dates.
- Update E-Verify and Web Services Processes: Ensure E-Verify users select “An alien authorized to work” when applicable. Work with your IT team or E-Verify Web Services vendors to confirm that employee status fields reflect updated language.
- Train HR Personnel: Provide training to HR teams on the updated form, including terminology changes and new documentation descriptions. Emphasize the importance of selecting the correct employee status during E-Verify case creation.
