Employers must have all new employees and independent contractors complete a Form I-9 before beginning work.
WHAT IS THE FORM I-9?
The U.S. Citizenship and Immigration Services (“USCIS”) uses Form I-9, Employment Eligibility Verification, to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes citizens and aliens. Both employees and employers (or their authorized representatives) must complete the form.
Form I-9 is required for every new hire in the United States, regardless of immigration status. The completion of the I-9 form by the employee should occur after the employee receives a conditional job offer and before they start work.
UPDATE TO THE FORM I-9
On April 2, 2025, the USCIS announced changes to Form I-9. On April 3, 2025, the USCIS issued a new edition of the Form I-9. The changes intend to align with statutory language and the updated Department of Homeland Security Privacy Notice. The most recent version of the Form I-9 (dated 01/20/2025) includes the following updates:
Renaming the fourth checkbox in Section 1 to “An alien authorized to work.”
Revising the descriptions of two List B documents in the Lists of Acceptable Documents.
Adding appropriate statutory language and a revised Department of Homeland Security Privacy Notice to the instructions.
These changes do not affect how employees complete the form or the documents they need to provide. The changes are updates to the wording of the document to bring it in line with current United States immigration law.
WHAT VERSIONS OF THE FORM I-9 ARE VALID?
Although USCIS issued a new edition of Form I-9 on April 3, 2025, previous versions of the form are valid until their expiration. This includes:
Form I-9 (08/01/23 edition) that is valid until 05/31/2027.
Form I-9 (08/01/23 edition) that is valid until 07/31/2026. Employers using this edition must update their electronic systems with the 05/31/2027 expiration date by 07/31/2026.
WHAT EMPLOYERS NEED TO DO
Continue to have all new employees and independent contractors complete a Form I-9 before beginning work.
Start using the latest Form I-9 (01/20/2025 edition).
If an employee’s work authorization needs updating or reverifying and the employee’s completed a previous update or re-verification on a Form I-9 version that is no longer valid, the employer must complete Supplement B of the new Form I-9 and attach it to the employee’s original Form I-9.
While previous editions of Form I-9 remain valid until their respective expiration dates in 2026 and 2027, employers are encouraged to begin implementing the new edition into their Form I-9 process. Incorporating the new Form I-9 immediately can help ensure future Form I-9 compliance in the event of an I-9 inspection audit.
The latest version of the Form I-9 is available for download here.
If you would like to discuss or receive more information on the content of this post, please contact us. The attorneys at Boodell & Domanskis are available to answer your questions about any general issues concerning your business.
