Although this is not a HIPAA requirement, it does affect every business.
Here are the highlights:
Updated Form I‑9
- Business should use the new form dated January 20, 2025, with an expiration date of May 31, 2027, if you are not doing so already.
- Prior editions from August 1, 2023 will remain valid until their respective expiration dates—either May 31, 2027 or July 31, 2026.
- Employers using electronic I‑9 systems must update to reflect the form version with the May 31, 2027 expiration by July 31, 2026.
Key Form Changes
Section 1 terminology
- The fourth citizenship attestation box now reads “An alien authorized to work”, replacing the former phrase “A noncitizen authorized to work.”
List B document descriptions
- Minor updates include replacing the term “gender” with “sex” in two acceptable documents (e.g. driver’s license), for improved clarity.
Instructions and DHS Privacy Notice
- Newly added statutory language and updated Department of Homeland Security Privacy Notice appear in the guidance section of the new form.
E-Verify & E‑Verify+ Updates (Effective April 3, 2025)
- The citizenship status selection in E‑Verify and E‑Verify+ now displays “An alien authorized to work” for consistency. Even if the legacy form still shows “A noncitizen authorized to work.”
- For E‑Verify Web Services submissions, back‑end systems automatically convert the older phrasing to the updated version. Developers should ensure platforms transmit “An alien authorized to work” to maintain compliance.
Employer Responsibilities & Compliance Tips
- Adopt the 01/20/2025 edition as soon as possible—especially for newly hired employees.
- Continue using valid older editions until their expiration, but update your electronic systems by July 31, 2026 to the correct version expiration date.
- Train HR and hiring staff on the updated language, document descriptions, and instruction changes.
- Ensure E-Verify users select “An alien authorized to work” regardless of what appears on older I‑9 forms during data entry.
Summary
- The new I-9 form adoption deadline for electronic systems is July 2026, but manual use of the updated form is recommended immediately.
- Terminology and document description are minor—but important for alignment with federal law.
- HR and compliance teams should confirm systems, forms, and procedures are updated to avoid inconsistencies or audit risks.
The new form and instructions can be found here: https://www.uscis.gov/i-9
