By Mark Adams
The United States Citizenship and Immigration Services (USCIS) has announced and released an updated Form I-9.
While the newly released form – which can be found here – has a new edition date retroactive to 1/20/2025 (found in the lower left corner of the form), the expiration date has not change from the previous form and notes an expiration date of 5/31/2027 (which is found in the upper right corner of the form).
What Has Changed on the Form?
Honestly – not much. In Section 1 of the form, the language of the fourth check box has been changed from “noncitizen” to “alien” (and the Form I-9 instructions – which can be found here – reflect that change in terminology as well. Another point regarding the instructions, is that the Division of Homeland Security Privacy Notice at the end of the instructions has also changed informing employers that USCIS does not store Form I-9 data obtained from employers and also publishes a link for more information on how the government can use the Form I-9 information: https://www.dhs.gov/system-records-notices-sorns which is typically to help conduct audits, investigations, and other forms of enforcement).
The language, structure and steps of how to complete Section 2, Supplement A and Supplement B remain intact.
When it comes to the List of Acceptable Documents, the first two “List B” document list options (specifically the Driver’s License and federal, state or local ID options), have been changed from “gender” to “sex” as information that may appear on those forms for identification.
The “Handbook for Employers” (M-274) has yet to be updated as of now to account for these changes.
Do I Have to Update My Form Now?
In short – no. As these changes are designed to clarify – rather than change – what and how the form is to be completed, employers are not required to use the newly released form now and can elect to use either of the following in the alternative:
- Form I-9 with an 08/01/23 edition date, valid until its expiration date of 05/31/2027; and
- Form I-9 with an 08/01/23 edition date, valid until its expiration date of 07/31/2026.
We will continue to monitor and keep you posted as further details emerge.