Updates to Form I-9 and E-Verify System
APPLIES TO All Employers |
EFFECTIVE As Indicated |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion:
The U.S. Citizenship and Immigration Services (USCIS) made minor changes to Form I-9 and updates to the E-Verify system to reflect recent policy changes from the current Administration. The revised Form I-9 has an edition date of January 20, 2025, and an expiration date of May 31, 2027. The two prior editions of Form I-9 will remain valid until their respective expiration dates of July 31, 2026 and May 31, 2027. Employers using the form expiring July 31, 2026 must update their electronic systems by that date to use the form with the May 31, 2027 expiration date.
In addition, USCIS has made several changes to Form I-9, notably renaming the fourth checkbox in Section 1 to “An alien authorized to work” and revising descriptions of two List B documents in the List of Acceptable Documents (Driver’s license or ID card) by removing the word “gender” and replacing it with the word “sex.” The form instructions have also been updated to reflect statutory language and a revised DHS Privacy Notice has been added.
The E-Verify system has similarly been updated to replace “A noncitizen authorized to work” with “An alien authorized to work” during case creation. Employers must make sure to select the appropriate designation when creating a new case in E-Verify if using a valid Form I-9 with outdated terminology. USCIS has indicated that when an employer creates a new case in E-Verify, the system may automatically update to the outdated terminology (e.g., “A noncitizen authorized to work”), so employers may need to update their web service platforms to transmit the correct terminology when a new case is submitted.
Action Items
- Ensure use of a valid Form I-9 until their respective expiration dates.
- Have appropriate personnel trained on updated terminology and procedural changes.
- Provide employees with updated form instructions and Lists of Acceptable Documents during onboarding.
- Ensure compliance with new web service requirements, if using E-Verify system.
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