By Samantha Halem, Alicia Ward, Tavish Brown April 16, 2025
The United States Citizenship and Immigration Services (USCIS) has released a new version of the Form I-9, Employment Eligibility Verification (and its corresponding instructions). The new Form I-9 and Instructions are available here.
The updates are as follows:
• Form I-9, Section 1: Renaming the fourth checkbox in Section 1 from “A noncitizen authorized to work” to “An alien authorized to work.”
• Form I-9, List of Acceptable Documents (List B): Revising the description of Driver’s license and ID card by changing the word “gender” to “sex.”
• Instructions for Form I-9: Changing “noncitizen” to “alien” in the Purpose of the Form I-9 and Reverification and Rehire sections and revising language in the General Instructions to be consistent with the above-mentioned change to the Form I-9, Section 1.
The new Form I-9, edition date January 20, 2025, expires May 31, 2027. Although the August 1, 2023 edition of the Form I-9 remains valid until July 31, 2026, employers should use the latest edition as a matter of best practice. It is recommended that employers regularly check for updates to ensure they are using the latest edition.
Employers who continue to use the August 1, 2023 edition of the Form I-9 should be aware that when completing the E-Verify or E-Verify+ process, the employee attestation will automatically update to “An alien authorized to work” even if the employee selected “A noncitizen authorized to work.”
Additional information concerning the January 20, 2025 edition of the Form I-9 can be found on the USCIS website, here.
If you have any questions concerning Form I-9s, please feel free to contact:
• Samantha Halem (shalem@hrwlawyers.com / 781-235-4878);
• Alicia Ward (award@hrwlawyers.com / 617-348-4357);
• Tavish Brown (tbrown@hrwlawyers.com / 617-348-4366); or
• Any member of the HRW Team.
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