In a Nutshell: Listen to the Summary

As the 2025 hiring season approaches, agricultural employers must stay on top of important changes to the employment eligibility verification process. U.S. Citizenship and Immigration Services (USCIS) has released an updated Form I-9, effective Jan. 20, 2025, and valid through May 31, 2027. Understanding the revisions is crucial for avoiding compliance pitfalls and costly penalties.

Form I-9 has been a mandatory hiring document since the 1986 Immigration Reform and Control Act, requiring all U.S. employers to verify the identity and work eligibility of every new employee, whether seasonal, part-time, temporary or full-time.

The 2025 version of the form introduces targeted updates aimed at clarifying legal language and refining documentation procedures. Even minor oversights can lead to significant fines during audits, making awareness and accuracy essential.

What’s New in the 2025 Edition
Notable revisions to the Form I-9 include:

• A clearer label for the fourth checkbox in Section 1, now reading, “An alien authorized to work.”

• Updated descriptions for certain List B documents used to verify identity.

• Adjusted legal references and an enhanced Department of Homeland Security (DHS) Privacy Notice.

Despite these changes, the form’s structure remains familiar: Employees complete Section 1 at the time of hire, and employers must complete Section 2 within three business days of the employee’s start date.

I-9 Enforcement on the Rise
With an uptick in audits by U.S. Immigration and Customs Enforcement (ICE), I-9 compliance has taken on heightened importance. Employers must maintain complete, timely and error-free records to protect their businesses from penalties that can range from hundreds to thousands of dollars per violation.

AgSafe offers comprehensive I-9 audit support to help employers prepare for inspections and reinforce recordkeeping practices.

Avoiding Common Mistakes
Even experienced employers can fall into these common traps:

• Neglecting to complete a Form I-9 for every employee.

• Incorrect or inconsistent date formats (must be mm/dd/yyyy).

• Missing employee or employer signatures.

• Accepting expired documents or incorrect combinations of documents.

• Not completing Section 2 within the required three-day window.

Mistakes like these, while seemingly small, can result in fines between $272 and $2,701 per violation based on DHS guidelines.

Language and Assistance Considerations
While a Spanish version of Form I-9 exists, its use is restricted to Puerto Rico. In all other U.S. jurisdictions, the form must be completed in English. If an employee requires help with language or literacy, a translator or preparer may assist, but their involvement must be recorded in the appropriate certification section of the form.

Document Storage and Inspection Protocols
Employers must retain Form I-9s for current employees and follow retention guidelines for former workers, either three years after the date of hire or one year after separation, whichever is later.

Under California Labor Code Section 90.2, effective since 2018, employers are also required to notify employees within 72 hours if they receive notice of an inspection from ICE, DHS or USCIS. This notice must be clearly posted in the workplace.

Proactive Audits and Best Practices
Conducting regular internal audits using tools like AgSafe’s Sample I-9 Audit Form can help organizations identify and correct errors before they become liabilities. Corrections should be clearly documented with a simple strike through the incorrect entry, enter the correct information and initial and date the correction.

For official guidance and resources, employers are encouraged to visit USCIS’s I-9 Central website.

The latest Form I-9 update is a timely prompt for agricultural employers to review and refine their hiring procedures. With immigration enforcement tightening, particularly in labor-dependent sectors like agriculture, employers must remain diligent.

AgSafe is here to help with tools, training and audit services tailored to the unique needs of agricultural operations. Contact us at safeinfo@agsafe.org or call 209-526-4400 for support.

AgSafe is a 501(c)(3) nonprofit providing training, education, outreach and tools in safety, labor relations, pesticide compliance and human resources for the agricultural community. Since 1991, AgSafe has educated over 100,000 employers, supervisors and workers about these critical issues.