by CUPA-HR | April 8, 2025
On April 2, the U.S. Citizenship and Immigration Services (USCIS) announced minor changes to the Form I-9 to align with statutory language. The changes update language in the document that was included in previous editions of the Form I-9 released under the Biden administration.
The new Form I-9 changes the language in Section 1, checkbox 4 from “A noncitizen authorized to work” to “an alien authorized to work” (italicized for emphasis). Additionally, USCIS announced that E-Verify and E-Verify+ have updated the Citizenship Status selection during case creation. Specifically, the selection “a noncitizen authorized to work” is updated to “an alien authorized to work.” In previous editions of the Form I-9 and in the E-Verify case creation process, the Biden administration’s USCIS changed the language from “alien” to “noncitizen” in this checkbox to align with an internal memo issued by the administration in April 2021 aiming to change the language used by agencies when talking about immigrants.
The new Form I-9 from the Trump administration also updates the descriptions of the documents accepted under List B to say “sex” instead of “gender.” This change aligns with another April 2 announcement from USCIS about updates to its Policy Manual to clarify that the agency will only recognize two biological sexes, male and female, consistent with the Trump administration’s executive order, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” In the USCIS announcement on sex, the agency states that it would not deny benefits “solely because the benefit requestor did not properly indicate his or her sex” but that the agency would not issue documents with a blank sex field or with a sex different from the sex assigned at birth.
The new Form I-9 from the Trump administration, known as the January 20, 2025, edition, is valid through May 31, 2027. Previous editions of the Form I-9 that include language from the Biden administration are still valid as well, including two editions from August 1, 2023, that have expiration dates on July 31, 2026, and May 31, 2027. Employers may continue to use the previous Form I-9 editions through their expiration dates; however, employers using the August 1, 2023, edition with the July 2026 expiration date in an electronic system are required to update their system with the Form I-9 expiring in May 2027 by July 31, 2026.
CUPA-HR will continue to monitor for updates related to the Form I-9 and E-Verify.
