All employers must verify identity and work authorization for employees hired within the U.S., including citizens and non-citizens, using “Form I-9, Employment Eligibility Verification” (the I-9 Form).

The I-9 Form requires the employee to present specified documents and sign section 1 upon hire.  The employer must review and verify the documents, record the information on section 2, and retain the fully-completed form for the longer of three years after the date of hire or one year after the date employment is terminated.

Employers must always use a valid, unexpired version of the I-9 Form or, alternatively, E-Verify’s web-based employment eligibility verification.

On April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) released an updated, slightly modified I-9 Form (the 01/20/25 edition) which expires May 31, 2027.

Key updates include:

• Changing the term “gender” to “sex”;
• Changing the term “noncitizen” to “an alien authorized to work”; and
• Adding a Department of Homeland Security (DHS) privacy notice to the instructions.

The USCIS confirmed that although the new I-9 Form is now available for download, employers may continue using prior I-9 Form versions until their respective expiration dates.

Take-Aways:

Promptly implement the 01/20/25 edition and take all I-9 obligations seriously.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Hiring Authorized Workers – I-9 Forms Best Practices (July 5, 2024)
• I-9 Rules Change Again – Remote Verification Possible for E-Verify Users (August 17, 2023)
• No More Room for Zoom – I-9 Rules Are Tightening July 31, 2023 (June 16, 2023)

Cindy Bamforth
April 25, 2025