Latest I-9 Update: Minor Changes to Form plus E-Verify Updates
Every year, we try to keep you apprised of any changes to the U.S. Citizenship and Immigration Services (USCIS) Form I-9, Employment Eligibility Verification, if there are any. Employers are more than familiar with Form I-9 which verifies the identity and employment authorization of their newly hired employees.
This year, the updates involve slight changes to the form itself to align with statutory language. Modifications have also been made to the Department of Homeland Security (DHS) Privacy Notice. Corresponding changes have been made to E-Verify.
Key changes
- 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
What about forms with prior edition dates? Can I use those?
The revised Form I-9 with an edition date 01/20/25 and an expiration date 05/31/2027 is now available for download, while the following previous editions remain valid until their respective expiration dates:
- Form I-9 (08/01/23 edition) that is valid until 05/31/2027
- Form I-9 (08/01/23 edition) that is valid until 07/31/2026 (Employers using this form must update their electronic systems with the 05/31/2027 expiration date by July 31, 2026.)
Changes to E-Verify
Starting April 3, 2025, E-Verify and E-Verify+ will have updated the Citizenship Status selection during case creation to reflect this statutory language. The selection “A noncitizen authorized to work” will be updated to “An alien 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.
Additionally, E-Verify users creating cases through Web Services applications will see the employee status attestation automatically updated to “An alien authorized to work”—even if the WS application submits “A noncitizen authorized to work” if the employee selected citizenship status number four on Form I-9.
This change does not affect the current Interface Control Agreement (ICA) version 31.1, which already provides the necessary guidance for Web Services developers. WS developers should update their platforms to transmit “An alien authorized to work” instead of “A noncitizen authorized to work” as soon as possible.
What about the I-9 forms that my existing employees have already filled out?
No worries. Your existing employees need not do anything. The I-9 forms these employees completed upon their initial hire are in compliance. So long as at the time of hire, the current Form I-9 was completed, correct and unexpired documents were provided as verification, and the form was signed and dated, no updates are needed.
The expiration dates need only be of concern with new hires, so it is important that you as the employer provide the new employee with the correct I-9.
Links to the latest forms and instructions:
Instructions for Form I-9 in Spanish
Additional questions?
For more information, visit I-9 Central or join a free Form I-9 webinar.
I-9 contact center for employers:
- 888-464-4218
- [email protected]
If you have any questions about the hiring process, please do not hesitate to reach out to Rosasco Law Group for all of your employment needs.
