April 28, 2025
DHS Releases Updated Form I-9

Update Provided by Scott & Whitehead

The U.S. Department of Homeland Security (DHS) has released a revised Form I-9, which is now available on the U.S. Citizenship and Immigration Services (USCIS) website: uscis.gov/i-9.  While the new version is now in effect, employers may continue to use the prior edition until its expiration on July 31, 2026.

Key Updates to Form I-9

The updated form includes minor, but important, changes to reflect current legal requirements, including:

  • Renaming the fourth checkbox in Section 1 to: “An alien authorized to work”;
  • Revising descriptions of two List B documents in the Lists of Acceptable Documents; and
  • Incorporating revised statutory language and an updated DHS Privacy Notice in the instructions.

Reminder: In-Person Document Review Requirements

Employers must physically inspect original identity and work authorization documentsunless they are enrolled in E-Verify and meet the requirements for remote examination.

  • Employers not enrolled in E-Verify are required to conduct in-person document reviews only.  Remote review (even via live video) is not permitted.
  • Employers may designate an authorized representative to complete Section 2 (or Section 3) of the Form I-9 on their behalf.

Authorized Representative Guidance

DHS guidance confirms that:

  • An authorized representative may be any person designated by the employer, including a third party, agent, HR officer, or notary public (where allowed).
  • Employers remain liable for any errors, omissions, or violations committed by their chosen representative.
  • notary public acting as an authorized representative is not acting in the capacity of a notary and should not use a notary seal when completing the Form I-9.
  • Employees may not act as their own authorized representative under any circumstances.

For more information on using authorized representatives and completing Form I-9, refer to the DHS guidance available at: uscis.gov/i-9-central.

If you have questions or need assistance with Form I-9 compliance, please contact the authors of this update or your employment law attorneys.

Reprinted with permission from Scott & Whitehead