All new employees must complete an USCIS I-9 Employment Eligibility Verification form at time of hire to verify their identity and employment authorization of individuals hired for employment in the United States.
The new hire must present their employer with acceptable documents as evidence of identity and employment authorization. The employer must examine these documents to determine whether they reasonably appear to be genuine and relate to the employee, then record the document information on the employee’s Form I-9.
On April 2, 2025, the USCIS announced that the I-9 Form has been updated as of January 20, 2025. This new form has an Edition Date of 1/20/25 and an expiration date of 5/31/2027.
Employers should begin using the updated I-9 form immediately for all new hires. Employers may also continue to use the following previous editions until the noted expiration dates:
- Form I-9 with an 08/01/23 edition date, valid until its expiration date of 05/31/2027;
and
- Form I-9 with an 08/01/23 edition date, valid until its expiration date of 07/31/2026.
The new I-9 form has been published in both English and Spanish, along with the instructions on completing the I-9 Form. The new forms can be found using the link below:
Update to Form I-9, Employment Eligibility Verification. New Edition Dated 01/20/25.
Employers using an electronic version of Form I-9 must update their systems with the version that has the expiration date of 05/31/2027 by 07/31/2026.
Remote Verification: Certain employers who choose to remotely examine the employee’s documentation under a DHS-authorized alternative procedure rather than via physical examination must indicate they did so by checking the box provided.
WHAT SHOULD I DO NOW
Because the US Immigration & Customs Enforcement Agency (ICE) is becoming more proactive, increasing and intensifying workplace audits, employers must be vigilant in completing the I-9 form. Failure to comply with the I-9 requirements can result in civil and criminal penalties.
Employers should:
- Begin using the updated I-9 form.
- Ensure that the I-9 is completed, and documents are presented no later than the first date of employment.
- Conduct an internal audit:
-
- Review all current I-9 forms to ensure they are completed, dated, and signed by the employee and a company representative;
-
- Review all I-9 forms and documentation to determine if there are any expiration dates approaching and discuss with the employee the need for updated documents. Any employee with a temporary work authorization must complete the re-verification process prior to their current authorization expires.
-
- Maintain I-9 records and related documentation for 3 years from date of hire or at least one year past employee’s separation date, whichever is LATER.
- Evaluate whether you should use the federal E-verify process for employment eligibility.
This Newsletter is intended as a brief summary of employment law. While every effort has been made to ensure the accuracy of the information contained herein, it is not intended to serve as “legal advice,” or to establish an attorney-client relationship. If additional information is needed on any of the topics contained herein, please contact our office. All rights reserved. ©2025