I-9 and E-Verify Compliance in 2025

April, 10 2025

2025 heralds a fresh start in employment eligibility verification with the new I-9 guidelines, the increased E-Verify mandatory states, and updates to Form I-9. Employers should be informed about the changes to circumvent federal and state laws as well as avoid penalties. The article discusses the new updates, compliance fundamentals, and advice to ensure a smooth transition to the changes.

Comprehending the New I-9 Regulations

The U.S. Citizenship and Immigration Services (USCIS) has made the new I-9 regulations more effective for employment verification processing while enhancing security measures. The most notable change is the permanent utilization of remote verification methods by qualified employers. Implemented as an emergency measure during the COVID-19 pandemic, remote inspection of documents has now been adopted as a long-term policy under specific conditions.

• Employers who use remote verifications are held to a very strict set of regulations, which include:
• Using an agent who is authorized to examine documents by video conference.
• Presenting legible, clean copies of all the documents presented.
• Stamping the documents as "remotely inspected" on Section 2 of the Form I-9 updates.
• Failure to comply with these procedures will draw penalties and audits, and it is thus crucial that companies have HR personnel trained on the new regulations.

Form I-9 Changes for 2025

On October 7, 2024, the USCIS issued a reminder to all employers using E-Verify that they have until January 5, 2025, to download records for E-Verify cases last updated on or before December 31, 2014. The next day, on January 6, 2025, the USCIS will dispose of these E-Verify records that are more than 10 years old. USCIS annually disposes of E-Verify employer records that are 10 years old or older per the National Archives and Records Administration (NARA) records retention and disposal schedule. This reduces security and privacy risks associated with the U.S. government’s retaining personally identifiable information.

The most applicable changes are

1. New List of Authorized Documents

The USCIS updated the list of documentation that will be accepted for establishing identity and authority to work. Employers must ensure that they only accept valid, unexpired documents on the latest version of Form I-9. Expired documents, even those that have been accepted in the past, will no longer be acceptable for new I-9 requirements.

2. Electronic Form I-9 Submission

To reduce paperwork, the USCIS now encourages electronic completion and filing of Form I-9. Employers using electronic systems must make sure that their systems are in compliance with federal data retention and security standards.

3. Stricter Deadlines for Corrections

Form I-9 mistakes must be repaired in a quicker time. Employers previously had 10 business days to make corrections, but under new requirements for Form I-9, corrections may need to be accomplished in three to five business days to avoid penalty.

States Where E-Verify is Mandated: Enhanced Requirements

E-Verify, the federal electronic employment verification program, continues to expand across the U.S. Some states make E-Verify mandatory for all employers, and some for public contractors or business size only.

Best Practices for 2025 Compliance

To stay in compliance with new Form I-9 changes, Form I-9 updates, and E-Verify requirements, employers will need to implement the following best practices:

1. Regular Internal Audits: Check recent I-9 forms for errors and make sure all employees, including remote employees, have correctly completed forms.

2. Train HR Teams on Changes: Conduct training sessions regarding new Form I-9 updates and E-Verify requirements to avoid mistakes.

3. Utilize Authorized E-Verify Agents: When subcontracting employment verification, only utilize federally certified E-Verify agents to ensure compliance.

4. Be Familiar with State-Specific Law: Stay abreast of E-Verify-mandated state legislative action to avoid surprise fines.

5. Leverage Digital Verification Systems: Utilize secure electronic I-9 and E-Verify systems to automate compliance and minimize errors.

Conclusion

The new I-9 regulations, changes to Form I-9, and a growing number of E-Verify-mandated states in 2025 present dangers as well as opportunities for businesses. Taking preventive measures, conducting regular audits, and utilizing web-based tools and resources can facilitate compliance while mitigating risks. Disregarding these developments can result in monetary fines, so it would be prudent for employers to place immigration compliance first over the next twelve months.

Awareness and foresight are the most ideal approach to knowing the changing paradigm of employment eligibility verification in 2025.