Form I-9 Update: Are You Ready?

Form I-9 has undergone several significant updates in recent years that require employers to adjust their processes. A redesigned form was released, reducing the document from two pages to a single page with a supplemental section for preparer and translator certifications. The new form includes a checkbox allowing employers enrolled in E-Verify to indicate they used the alternative procedure for remote document examination. Accompanying the new form, DHS updated the List of Acceptable Documents, including changes related to acceptable forms of Employment Authorization Documents (EADs) and receipts. Extended I-9 flexibility measures originally introduced during COVID-19 were phased out, requiring employers who used remote verification outside the E-Verify alternative procedure to complete physical document inspections. Employers who had employees complete I-9 forms remotely under the COVID flexibility rules needed to physically re-examine documents by a specified deadline. Using outdated form versions after DHS publishes a new version is itself a technical violation subject to penalty, so employers should verify they are using the most current version available at uscis.gov whenever processing new hires.

E-Verify is a free, internet-based system administered by DHS that allows employers to electronically verify that newly hired employees are authorized to work in the United States. It works by comparing information entered from the employee's Form I-9 against records in the DHS and Social Security Administration databases and returns a confirmation or tentative non-confirmation (TNC) result. Employers who enroll in E-Verify gain several advantages beyond standard I-9 compliance: they can use the DHS-authorized alternative procedure for remote document examination, which eliminates the need to meet employees in person for document review; enrollment in E-Verify provides a safe harbor from certain employer sanctions if the system confirms work authorization and the employer did not knowingly hire an unauthorized worker; and federal contractors are generally required to use E-Verify under the Federal Acquisition Regulation. E-Verify also supports compliance with state laws that mandate its use, including laws in states like Arizona, Mississippi, and South Carolina. System updates in 2024 and 2025 improved the interface and added capabilities for accessing records. Employers using E-Verify must use it consistently for all new hires in enrolled locations and cannot use it selectively based on national origin, citizenship, or perceived immigration status.

Employees working in the U.S. on temporary work visas such as H-1B, L-1, TN, O-1, or other nonimmigrant work authorization categories have specific Form I-9 implications that employers must handle carefully. For Section 1, the employee selects the appropriate immigration status category and must provide their alien registration number or Form I-94 number and visa expiration date. For Section 2, the employer must record the document information from acceptable List A documents (such as a foreign passport with I-94 or employment authorization) or List B and C combinations. Critically, temporary work authorization documents have expiration dates, and the employer must track those dates and complete Form I-9 Section 3 reverification before the work authorization expires. If a temporary visa holder extends their status or changes employers, updated documentation and a new reverification entry are required. Employers should implement a tickler system or calendar reminders for expiring work authorization documents to ensure timely reverification. Accepting or requiring a specific document type from visa holders (such as demanding a U.S. passport) rather than accepting any legally acceptable document constitutes document abuse and violates anti-discrimination rules.

A Social Security card is an acceptable List C document for Form I-9 purposes because it establishes employment authorization, and when presented with an acceptable List B identity document, it satisfies the documentation requirement for Section 2 completion. However, there are important conditions and limitations. The Social Security card must be unrestricted, meaning it cannot bear the notations Not valid for employment, Valid for work only with DHS authorization, or Valid for work only with INS authorization (now DHS authorization). Cards bearing these restrictions are only valid for individuals with the specific work authorization status noted, and accepting a restricted card for an employee without that status is an I-9 error. Employers may not require the Social Security card specifically as the List C document; employees are free to present any acceptable List C document they choose. Laminated Social Security cards are generally acceptable. Employers should verify that the name on the Social Security card matches the name in Section 1. When an employee cannot immediately obtain their Social Security card, a receipt for a replacement card is acceptable as a temporary document, with the original to be provided within 90 days. The SSN entered in Section 1 should match the Social Security card information when both are available.

Form I-9 Section 3 is used for two distinct purposes: reverification of expiring employment authorization and rehires. For reverification, when a worker's employment authorization document in Section 2 has an expiration date, the employer must complete Section 3 before that authorization expires. The employer records the new document title, document number, expiration date, and signs and dates the entry. Employers should never wait until the document expires before acting, as even a one-day lapse in work authorization verification creates compliance risk. For rehires, if a former employee is rehired within three years of the original Form I-9 completion date, the employer may use Section 3 of the original form rather than completing a new I-9, as long as the employee is still authorized to work. The employer enters the rehire date and signs Section 3. If the original form is more than three years old, or if the original form cannot be located, a new Form I-9 must be completed. A common mistake is reverifying permanent resident cards (green cards) or U.S. citizen documents, both of which must never be reverified because citizenship and permanent residence are not temporary statuses. Only expiring employment authorization documents for noncitizens trigger reverification obligations.