By Robert G. Brody and Fintan S. Lalor
The U.S. Citizenship and Immigration Services (USCIS) has published a new version of the I-9 Form. This latest version features only a handful of very minor changes. The updated form (the 01/20/25 edition), which can be found here, should be used by employers moving forward. However, two prior versions of the Form are still valid; the 08/01/23 edition which is valid until 05/31/2027, and the 08/01/23 edition which is valid until 07/31/2026.
The Changes in the 01/20/25 Form
The latest changes to the I-9 Form include:
- A word change – the fourth checkbox under Section 1 was renamed to “An alien authorized to work;”
- Another word change – the word “gender” has been replaced with the word “sex” under the description of two acceptable List B documents; and
- A revised Department of Homeland Security (DHS) Privacy Notice was added to the instructions.
What now?
Although two prior versions of the I-9 Form are still considered valid, it is advisable to adopt the latest version as a best practice. Moreover, employers that utilize an electronic version of the I-9 Form should update their systems with the new version. While the changes to the form are very minor, failure to use the proper version is a violation. Again, as a best practice, we urge everyone to go to the USCIS website and download the current version so you always have the right form.
Finally, in light of the Trump Administration’s recent shift of their immigration enforcement efforts towards employers, now is the time to review and audit your I-9 practices before facing any potential scrutiny from U.S. Immigration and Customs Enforcement (ICE). This includes ensuring you used the proper version of the form when you originally completed it; you completed the form fully and properly; and did not over document.
Brody and Associates regularly advises its clients on employment authorization issues, including E-Verify matters. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
