by Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff, or Virginia Peabody (Senior Consultant)
The U.S. Citizenship and Immigration Services (“USCIS”) released a revised Form I-9, dated January 20, 2025. While the updates are minor, understanding both the purpose of the form and the nature of these revisions is essential for compliance.
Form I-9 is a document submitted by an employer to the federal government verifying that an employee hired by the employer is authorized to work in the United States. Employers are required to maintain, in a file separate from their personnel file, a properly completed Form I-9 and must be prepared to produce it during an audit or investigation. Noncompliance can result in significant civil fines or criminal penalties, debarment from federal contracts, and reputational harm.
In 2019, USCIS updated its I-9 related penalties:
- Paperwork Violations: $230 – $2,292 per form
- Knowingly Hiring Unauthorized Workers:
First offense (per worker): $573 – $4,586
Second offense: $4,586 – $11,463
Third or subsequent offenses: $6,878 – $22,927
- Document Fraud (I-9 Fraud or Misuse):
First offense: $400 – $3,195
Subsequent offenses: $3,195 – $9,472
The 2025 updated Form I-9 contains the following changes:
- Section 1, checkbox #4, has been renamed to “An alien authorized to work.”
- USCIS has revised the descriptions of two List B documents in the Lists of Acceptable Documents.
- The DHS Privacy Notice has been revised to reflect updated statutory language.
The new edition of Form I-9 is available for immediate use and will remain valid through May 31, 2027.
While these updates are minor, they are emblematic of a more comprehensive systematic shift for employer obligations related to immigration reporting and compliance. In December, our Employment and Human Resources (“HR”) Law team issued a news alert informing our clients that employers ought to stay vigilant about Form I-9 reporting requirements, particularly in light of potential policy shifts under a second Trump administration. These updates reaffirm our initial prediction that employers will be under increased scrutiny in fulfilling their immigration reporting requirements.
If you need assistance navigating Form I-9, updating your HR systems, or ensuring compliance with employment eligibility verification requirements, our Employment Law and Human Resources Team is here to help. Contact Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff, or Virginia Peabody (Senior Consultant) for guidance and support.