U.S. Citizenship and Immigration Services (“USCIS”) has released a new Form I-9 that is available for immediate use. The revised Form I-9, with an edition date of 1/20/2025 and expiration date of 5/31/2027, is now available on the USCIS website at the following link: https://www.uscis.gov/i-9.
The New I-9 Form
The new Form makes the following changes:
- Renames the fourth checkbox in Section 1 from “A noncitizen authorized to work” to “An alien authorized to work”;
- Revises the descriptions of two List B documents in the Lists of Acceptable Documents (changes references to “gender” to use the word “sex”); and
- Makes changes to the instructions, including a revised Department of Homeland Security Notice.
We recommend that clients begin using the new Form I-9 immediately for new hires and reverifications.
E-Verify
Beginning April 3, 2025, E-Verify and E-Verify+ have updated the Citizen Status selection during case creation to reflect new language – “A noncitizen authorized to work” is updated to “An alien authorized to work”. As such, 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.
Additionally, employers should be aware that:
- E-Verify cases will display “An alien authorized to work” even though employees and employers may continue to see “A noncitizen authorized to work” on Form I-9s, depending on the edition being used;
- E-Verify+ participants will see the updated 01/20/2025 edition date and 05/31/2027 expiration date reflected in Form I-9NG (the Form used in E-Verify+); and
- 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 Web Services application submits “A noncitizen authorized to work” if the employee selected citizenship status number four on Form I-9.
On a separate but related note, given the increased immigration enforcement activity under the Trump Administration, it is recommended that clients who have not already done so perform an internal Form I-9 audit to ensure compliance. Please contact us if you have any questions about an audit, or about these updates to the I-9 Form. Thank you.
This Client Alert provides a general overview of new legal developments. It is not intended to provide legal advice. If you have any questions or would like more information about how these developments may affect your business, please contact us at (570) 341-8800.
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