The U.S. Citizenship and Immigration Services (USCIS) has introduced minor but important updates to Form I-9 and E-Verify, aimed at aligning statutory language and improving compliance. While these changes may appear small, they have significant implications for employers, HR professionals, and legal teams responsible for employment eligibility verification.
In this article, we break down the key changes, their impact on compliance, and the best practices employers should adopt to stay ahead.
Key Updates to Form I-9
The revised Form I-9 (Edition Date: 01/20/25, Expiration Date: 05/31/2027) is now available for use. However, previous editions remain valid under specific conditions
- Form I-9 (08/01/23 edition) – Valid until 05/31/2027
- Form I-9 (08/01/23 edition) – Valid until 07/31/2026 (Employers using this version must update their electronic systems with the 05/31/2027 expiration date by 07/31/2026.)
Employers should be aware of the following key changes in the latest edition
- Terminology Update
The fourth checkbox in Section 1 has been renamed from “A noncitizen authorized to work” to “An alien authorized to work” for alignment with statutory language. - Changes to Acceptable Documents
Two List B document descriptions in the Lists of Acceptable Documents have been revised to improve clarity. - DHS Privacy Notice Update
The Department of Homeland Security (DHS) Privacy Notice has been updated with revised statutory language, enhancing transparency around data protection and compliance.
Edition and Expiration Date Formatting
Employers should note the format differences when reviewing Form I-9 updates
- Edition dates appear in mm/dd/yy format (e.g., 01/20/25).
- Expiration dates appear in mm/dd/yyyy format (e.g., 05/31/2027).
Employers using electronic versions of Form I-9 must ensure their systems reflect the latest 05/31/2027 expiration date by July 31, 2026, to remain compliant.
E-Verify & E-Verify+ Adjustments
Starting April 3, 2025, E-Verify and E-Verify+ will update their case creation process to reflect these statutory language changes
- Employers using E-Verify must select “An alien authorized to work” instead of “A noncitizen authorized to work”, even if the employee used the older terminology on Form I-9.
- E-Verify+ participants will see the updated 01/20/25 edition date and 05/31/2027 expiration date in Form I-9NG.
- Employers using Web Services applications for E-Verify must update their platforms to transmit the correct employment authorization terminology to maintain compliance.
What This Means for Employers
Employers should ensure their hiring and verification processes align with these updates to avoid compliance issues. Here’s what you need to do
Review Internal Policies & Training
- Train HR personnel on the new terminology and update hiring and verification materials accordingly.
- Ensure staff correctly selects “An alien authorized to work” in E-Verify when applicable.
Verify E-Verify System Updates
- Employers using electronic I-9 and E-Verify platforms must ensure their systems reflect the updated language and expiration dates.
- Employers using Web Services should coordinate with their providers to implement these changes immediately.
Monitor Compliance Deadlines
- Employers using the 08/01/23 edition of Form I-9 must update their electronic systems with the 05/31/2027 expiration date by July 31, 2026, to remain compliant.
Leverage AI & Technology for Compliance
- AI-powered I-9 compliance tools, like those offered by Imagility I-9 and Compliance, can help employers stay compliant by automating employment verification, reducing manual errors, and ensuring alignment with regulatory changes.
Final Thoughts: Staying Compliant with the Latest USCIS Updates
While these updates to Form I-9 and E-Verify may seem minor, failing to comply can lead to legal and financial risks for employers. Proactively updating processes, training HR teams, and leveraging technology-driven solutions can help organizations maintain compliance and streamline employment verification.
At Imagility, we offer AI-powered solutions to help businesses navigate I-9 compliance, reduce risks, and improve efficiency. Our automated tools ensure real-time tracking of regulatory changes, giving employers peace of mind.
Need a smarter way to manage I-9 compliance? Contact Imagility today to explore AI-enabled solutions!
