USA: Staying I-9 and E-Verify Compliant: Updates for Employers

USCIS has published a new version of Form I-9 and effected new updates to the form and E-Verify.

Employers can use the new 01/20/2025 edition date (expiring 5/31/2027) Form I-9, but the following previous versions continue to be valid:

• 08/01/23 edition date, valid until 05/31/2027; and
• 08/01/23 edition date, valid until 07/31/2026.

Employers using an electronic version of Form I-9 must update their systems with the new version by 07/31/2026, and E-Verify+ participants will see the 01/20/25 edition date and 05/31/2027 expiration date reflected in Form I-9NG.

The 01/20/2025 edition date lists “Alien Authorized to work” as an option under Section 1, replaces the word “gender” with “sex” under the description of two List B documents (consistent with the recent changes to the USCIS Policy Manual), and includes a revised DHS Privacy Notice to the instructions.

Additionally, since April 3, 2025, the checkbox “A noncitizen authorized to work” on E-Verify and E-Verify+ has been updated to “An alien authorized to work.” Because employees may be completing prior versions of Form I-9, however, even if an employee selects “A noncitizen authorized to work” on the form, employers must select the checkbox “An alien authorized to work” in E-Verify.

Jackson Lewis attorneys are available to assist in developing strategies to deal with changes in U.S. immigration.