By Julie A. Pace and Heidi Nunn-Gilman
On April 3, 2024, USCIS released a new version of the Form I-9. The Edition Date on the bottom left is now 01/20/2025, which was President Trump’s first day in office. The expiration date remains 05/31/2027. We recommend using the new I-9 immediately.
The two unexpired prior versions of the Form I-9, both with an edition date of 08/01/2023, are still valid and can still be used until their expiration date. One form expires on 07/31/2026 and the other on 05/31/2027. Employers should pay close attention to the expiration dates, as it is a technical violation of the I-9 rules to use a superseded version of the Form I-9.
The changes in the Form I-9 is primarily to the language. Under the Biden Administration, the I-9 was changed to replace the word “alien” with “noncitizen.” The new I-9 returns to the prior language of “alien” rather than noncitizen, clarified documents on List B, and updated the privacy notice.
The new Form I-9 can be found on USCIS website at https://www.uscis.gov/i-9.
It is anticipated that the Trump Administration will increase the number of I-9 audits conducted by ICE. Employers should review their Forms I-9 and immigration compliance practices to ensure that they are ready for an audit. Our firm routinely works with companies to conduct internal I-9 audits and to defend companies if they are audited by ICE. For assistance with the ICE, I-9, or E-Verify process contact Julie Pace at [email protected] or 602.858.8799 or Heidi Nunn-Gilman at [email protected] or 602.851.8797