New Form I 9 and E Verify Updates

New Form I-9 and E-Verify Updates

On April 2, 2025 U.S Citizenship and Immigration Services(USCIS) announced some minor changes to Form I-9 and E-Verify. The previous update to the I-9 form was released in August 2023 and marked a drastic departure from previous versions. The new changes are minor in comparison, but still important to pay attention to.

2025 Updates to Form I-9

The new changes to Form I-9 align with the ideology and policies of the current administration:

• The fourth checkbox in Section 1 has been changed from "A noncitizen authorized to work" to "An alien authorized to work."
• The descriptions for two List B documents in the list of Acceptable Documents (Driver's license or ID card) have been updated by removing the word "gender" and replacing it with the word "sex"

The USCIS also added some new statutory language and a revised Department of Homeland Security (DHS) Privacy Notice to the instructions for completion of the form.

The new form has an edition date of 1/20/2025 and an expiration date of 5/31/2027, which is the same as the last version.

As a best practice, employers should begin using the new form immediately to avoid accidentally using an expired version in the future.

2025 Changes to E-Verify

Since the I-9 process and E-Verify tend to work hand in hand, the changes to E-Verify mirror the updates to the I-9 form.

Changes for employers who utilize E-Verify to confirm employment eligibility include:

• Employers must now select "An alien authorized to work" in E-Verify if the employee attests to being a non-citizen with work authorization
• Any existing cases have been updated to the new terminology ("An alien authorized to work")
• Employers participating in E-Verify+ will see the updated edition date of 1/20/2025 and expiration date of 5/31/2027 reflected on form I-9NG

Next Steps for Employers

Employers should always use the most recent I-9 form when verifying the identity and employment authorization of new employees. Keep in mind it is not necessary to go back and replace all your current employees' I-9 forms with the new version.

Once you have established an employee's work authorization, there is no need to re-verify unless:

• Their employment authorization expires
• You are rehiring an employee within 3 years of the date of their previous I-9
• You receive reliable notice that an employee's authorization is deficient. This could come in the form of a written notice from Immigration and Customs Enforcement (ICE) or USCIS.

U.S. citizens and Noncitizen Nationals are automatically eligible for employment, therefore, there is no need to re-verify their authorization. The same is true for permanent residents.

Auditing Your I-9 Forms

The current administration's emphasis on immigration enforcement could create a risk for employers who have not paid close attention to the employment verification process. Now is a great time to audit your I-9s and proactively address any issues.

Additional Resources

CEA has partnered with Cascade Employers Association to offer a FREE downloadable resource 2025 USCIS Immigration Employment Guide, available to all employers. Or join CEA on Thursday, May 1, 2025, for I-9 Best Practices: What Employers Need to Know. Webinar attendees will learn the critical requirements of the I-9 form, including proper completion, verification, and the retention process. Our Subject Matter Experts will cover common mistakes employers make and offer strategies for preventing issues related to document errors or omissions. The course also addresses some of the specific challenges employers face, such as handling remote hires and re-verifying employees. Register today!

CEA Members who are not sure where to start have access to our I-9 Self Audit Tool Kit. This easy-to-follow tool kit walks you through getting started, document retention, how to correct errors, and addressing missing information step by step with links to resources, fact sheets, and work sheets to help make your I-9 forms compliant. Or, CEA Members can call on our team of HR Advisors who can assist your company with I-9 audits, Harassment Prevention Training, and other resources. Give us a call at 800.399.5331 to get started.