Minor Changes to Form I-9: What Employers Need to Know

Quyen Clifton

The U.S. Citizenship and Immigration Services has updated Form I-9 (01/20/2025 edition, valid through 05/31/2027). While previous versions remain valid until they expire, we advise using the new Form I-9, Employment Eligibility Verification for all new hires and reverifications.

The specific changes to the new Form I-9 include:

  • The fourth checkbox in Section 1 is now labeled “An alien authorized to work” (formerly “A noncitizen authorized to work”).
  • Two List B documents in the List of Acceptable Documents have revised descriptions.
  • Instructions feature clearer statutory language and a revised privacy notice.


Beginning on 04/03/2025, E-Verify and E-Verify+ will align their Citizenship Status selection with this updated terminology during case creation. Specifically, “A noncitizen authorized to work” will be replaced by “An alien authorized to work.” E-Verify+ users will note the new edition date (01/20/2025) and expiration date (05/31/2027) reflected in Form I-9NG.

To ensure compliance and avoid common errors, please observe the following best practices:

  • Section 1 must be completed by the employee no later than their first day of employment, while section 2 should be finalized by the employer within three business     days of the start date.
  • Both employee and employer are required to sign the form.
  • Confirm the validity of work authorization documents at the time of verification.
  • Monitor expiration dates for temporary authorizations and perform timely reverification.
  • Retain Form I-9 records for three years following the hire date or one year after termination, whichever period is later.
            

The Handbook for Employers M-274 | USCIS remains an invaluable resource, offering in-depth guidance on each section of the form and clarifying employer’s responsibilities under federal law. Given the heightened level of immigration enforcement, employers are strongly encouraged to conduct internal audits of Form I-9 procedures to ensure ongoing compliance. Contact Bhravo with questions about an audit or these changes.

*This alert is provided for general informational purposes only and does not constitute legal advice.
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