What is Form I-9? Employers use Form I-9 to review and verify that every new employee is authorized to work in the United States. Employers must examine and verify documents that show a newly hired employee’s identity and employment authorization—regardless of immigration status. The employee and employer must complete the Form I-9 within the first days of employment. Employers must keep the completed Form I-9 on file during and after the employee’s employment and make the Form I-9 available for inspection by authorized government officials.
What is E-Verify? Employers may use the online service, E-Verify, to confirm the Form I-9 information. This program compares Form I-9 information with government records. In North Carolina, employers with 25 or more employees (regardless of the employer’s headquarters) are required to use E-Verify to confirm work authorization for all new hires.
Which Version of the Form I-9 Has Been Updated? The newest version of the Form, Edition January 20, 2025, expiring on May 31, 2027, was updated on April 2, 2025, and reflects the changes discussed below. Form I-9s properly completed on an expiring form do not need to be redone in light of the update. Instead, previous editions of the Form I-9 remain valid until their respective expiration dates:
- Edition August 1, 2023, expiring on May 31, 2027
- Edition August 1, 2023, expiring on July 31, 2026. Employers using this form must update their electronic systems by July 31, 2026, to reflect the May 31, 2027 expiration date.
Employers can confirm what version of the Form I-9 they are using by reviewing the expiration date in the top right corner of the form.
What Has Changed with Form I-9?
- Changing “a noncitizen” to “an alien:” The term “a noncitizen” has been changed to “an alien” in Section 1, where the employee has four options to attest to their citizenship or immigration status: (1) a citizen of the United States, (2) a noncitizen national of the United States, (3) a lawful permanent resident, or (4) an
noncitizen alien authorized to work.
- Changing “gender” to “sex” for two List B Documents. When completing Form I-9, the employee can present to the employer either one document from List A (documentation showing both identity and employment authorization) or a combination of one document from List B (documentation showing identity) and one document from List C (documentation showing employment authorization).
The two List B document options that have been changed are:
- Driver’s license or an ID card issued by a state or an outlying US possession.
- ID card issued by federal, state, or local government agencies or entities.
Both previously requested that the document include a photograph or details such as name, date of birth, gender, height, eye color, and address. The new Form I-9 changes “gender” to “sex.”
- Revised Instructions. USCIS provides detailed instructions on how to complete the Form I-9. The instructions have been revised and now include a privacy notice section that details how the employee’s Form I-9 information can be used and shared.
What Has Changed with E-Verify? As of April 3, 2025, E-Verify and E-Verify+ updated the Citizenship Status selection options to align with the Form I-9 change from “noncitizen” to “alien.” E-Verify will display “An alien authorized to work,” while employees and employers using older Form I-9 editions will see “A noncitizen authorized to work.” Employers using older but unexpired Form I-9s must select “an alien authorized to work” within E-Verify if the employee attests that they are a “noncitizen authorized to work.”
As employers navigate Form I-9 compliance—whether conducting an internal self-audit or preparing for a government inspection of Form I-9 records—working with counsel can help avoid common pitfalls that lead to costly fines or even litigation from current or former employees.
