On April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a new version of Form I-9, which bears a Jan. 20, 2025, edition date and is available for download. This version of the form will be valid through May 31, 2027. The key changes highlighted by USCIS are as follows:
- renaming the fourth checkbox in Section 1 from “A noncitizen authorized to work” to “An alien authorized to work”;
- revising the descriptions of two List B documents in the Lists of Acceptable Documents (the change is to the description of driver’s licenses and ID cards issued by federal, state, or local government agencies or entities, noting that the document should include information such as the individual’s “sex” rather than “gender”); and
- revisions to the instructions, including the DHS Privacy Notice section.
The Jan. 20, 2025, edition of Form I-9 may be used now. However, employers may still use the two older versions of Form I-9 bearing an Aug. 1, 2023, edition date, as those remain valid through their expiration dates, found at the top right-hand corner of the form. These older versions are:
- Form I-9 (Aug. 1, 2023, edition) with a May 31, 2027, expiration date.
- Form I-9 (Aug. 1, 2023, edition) with a July 31, 2026, expiration date. Employers using this form who utilize an electronic system for Form I-9 completion must update their electronic systems to reflect the May 31, 2027, expiration date by July 31, 2026.
Note: The Aug. 1, 2023, edition previously was modified to reflect only an extension of the expiration date. There is no substantive difference other than the expiration date for the two Aug. 1, 2023, edition forms.
E-Verify
For employers who participate in E-Verify+, the Form I-9NG on that platform has been updated to reflect the Jan. 20, 2025, edition changes and the May 31, 2027, expiration date.
For all E-Verify participants, the Citizenship Status selection during case creation will reflect the updated language “An alien authorized to work,” as of April 3, 2025. Thus, if an employer uses one of the two Aug. 1, 2023, editions of Form I-9 and an employee attests on the form that they are “A noncitizen authorized to work,” the employer should select “An alien authorized to work” in E-Verify.
For questions about how to ensure compliance with work authorization and Form I-9 requirements, or any other immigration-related questions, contact the authors, your McGuireWoods contact, or a member of the firm’s labor and employment or immigration teams.