Q I heard the federal government recently made changes to Form I-9. Can you explain what this means for employers when completing the I-9 process?

A On April 2, U.S. Citizenship and Immigration Services (USCIS) announced changes to Form I-9, which is a federal form used to verify an individual’s identity and authorization to work in the United States. USCIS periodically releases new editions of forms, and employers must use the current form edition or editions in effect. The recent edition includes minor changes to the Form I-9 to align with statutory language and updated privacy notice language. With this latest update, employers should consider implementing the new Form I-9 into their employment eligibility verification process immediately, or no later than July 31, 2026.

Every employer, regardless of size, must complete Form I-9 each time they hire an individual to perform labor or services in the United States in return for wages or other remuneration (e.g., food or lodging). Employers must provide applicants with the entire Form I-9, including instructions and List of Acceptable Documents. The I-9 process should occur after a conditional job offer has been made and before the applicant starts work.

The new Form I-9 has an edition date of Jan. 20, 2025 and expiration date of May 31, 2027. The edition date is found in the bottom left corner of the form, and the expiration date is found in the top right corner. For the time being, employers may continue to use the Form I-s with the edition date of Aug. 1, 2023. Employees who opt to continue using the prior forms should be aware that there are two versions of the edition dated Aug. 1, 2023. One version expires May 31, 2027, while the other version expires July 31, 2026.

The changes to the latest form include renaming the fourth checkbox in Section 1 to “An alien authorized to work,” revising the descriptions of two List B documents in the List of Acceptable Documents, and adding statutory language and a revised Department of Homeland Security privacy notice to the form’s instructions.

Employers using E-Verify, an internet-based system used to complete Form I-9, will notice the updated language in the E-Verify system. This means that employers using E-Verify must select “An alien authorized to work” in E-Verify if the employee attests on Form I-9 as “A noncitizen authorized to work.” Additionally, E-Verify cases will display “An alien authorized to work,” while employees and employers may continue to see “A noncitizen authorized to work” on Form I-9, depending on the form edition being used.

If an employee’s work authorization needs updating or reverifying and the employee’s previous update or reverification was completed 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.

Employers can download the latest edition at https://www.uscis.gov/i-9.

While previous editions of Form I-9 remain valid until their respective expiration dates on in 2026 and 2027, employers are encouraged to begin implementing the new edition into their Form I-9 process and preparing personnel who are responsible for completing Form I-9. Incorporating the new Form I-9 immediately can help ensure future Form I-9 compliance in the event of an I-9 inspection audit.

Employers with questions about the I-9 form or process may wish to consult with their labor counsel.

Marco Lucido is a lawyer with Fenton & Keller in Monterey. This column is intended to answer questions of general interest and should not be construed as legal advice. Email queries to email@fentonkeller.com