In the U.S., every employer is legally required to verify that each employee is authorized to work. Failure to do so can lead to significant penalties, legal challenges, and reputational harm. The I‑9 Form, known as the Employment Eligibility Verification form, is your essential first step to ensure compliance.
What Is the I-9 Form?
The I-9 is a federally mandated form used to confirm a new hire’s identity and right to work in the U.S., regardless of citizenship.
- Section 1: Employee Attestation
The new hire completes this section—usually on or before the first day of work—declaring under penalty of perjury that they are eligible to work. - Section 2: Employer Verification
Within three business days, the employer examines the employee’s original identity and work-authorization documents (e.g., passport, driver’s license, Social Security card). The employer then signs and dates the form to certify that the documents appear authentic.
What’s New for Form I-9 in 2025?
Several updates came into effect to enhance the I-9 process:
New Form I‑9 Edition (January 20, 2025)
- USCIS has released a revised Form I-9 dated 01/20/25, expiring May 31, 2027.
- Older editions from 08/01/23 remain valid.
- One version expiring May 31, 2027
- Another expiring July 31, 2026
- Electronic I-9 systems must update to use the version with the 05/31/27 expiration by July 31, 2026.
Terminology & Content Changes
- Section 1: The fourth citizenship checkbox has been changed from “A noncitizen authorized to work” to “An alien authorized to work”.
- Two List B document descriptions updated (driver’s licenses and ID cards), switching “gender” to “sex” for clarity.
- Instructions include updated statutory language and a revised DHS Privacy Notice.
E‑Verify & E‑Verify+ Updates (Effective April 3, 2025)
- E‑Verify now uses “An alien authorized to work” in case creation to align with Form I-9.
- If an older I‑9 is used where the box “A noncitizen authorized to work” is checked, employers must select “An alien authorized to work” in E‑Verify for consistency.
- E‑Verify+ users will see the updated 01/20/25 edition reflected in I‑9NG, with expiration 05/31/27.
Other Updates
- Remote Verification: Employers using E‑Verify can now complete document inspections remotely under certain conditions, such as fully remote work or designated emergencies, which increases flexibility.
- Updated Acceptable Documents: The list of valid documents has been revised; employers should always use the most current edition.
Common Pitfalls to Avoid
Employers often make avoidable errors during the I-9 process:
- Incomplete or Inaccurate Forms: Mistakes like missed fields or outdated editions can trigger violations. Always double-check each form.
- Missed Deadlines: Section 2 must be completed within three business days—missing this deadline can be costly.
- Document Discrimination: Employers must accept any valid document; requesting specific papers based on citizenship or national origin is prohibited.
- Poor Recordkeeping: I‑9 records must be retained for at least three years after hire or one year after termination (whichever is later). Disorganized records can provoke penalties during audits.
Why I‑9 Compliance Matters
- Protects Your Business: Violations can result in fines ranging from hundreds to thousands of dollars per form.
- Supports Ethical Hiring: Ensuring legal employment promotes fairness and integrity in your business.
- Enhances Security: Verifying work eligibility supports national security efforts by preventing unauthorized employment.
Best Practices for I-9 Management
- Train Your Team: Keep HR staff and hiring managers current on I‑9 rules, form updates, and audit risks.
- Conduct Internal Audits: Regularly review I‑9 files to find and fix errors before an official audit occurs.
- Use Technology: Consider electronic I‑9 tools or E‑Verify to reduce errors and streamline workflows.
- Stay Updated: Subscribe to USCIS news to receive timely alerts on I‑9 changes and policy updates.
EMP Trust provides a range of services to help employers manage I‑9 compliance risks.
