When an employee’s employment authorization or, in most cases, employment authorization documentation expires, you must reverify their employment authorization no later than the date employment authorization expires. You may use Section 3 of Form I-9, or if Section 3 has already been used for a previous reverification or update, then use Section 3 of a new Form I-9. If you complete Form I-9 on paper, you must:
- Enter the last name, first name and middle initial from the original Form I-9 at the top of Section 2 leaving the Citizenship/Immigration Status field blank (only for those using Section 3 of a new form);
- Complete Section 3;
- Keep only the second page of the new Form I-9 with the original.
When completing the Form I-9 online, you must enter the last name, first name and middle initial from the original Form I-9 at the top of Section 3.
When you complete Section 3 online and print, Sections 2 and 3 will appear on the same page. The employee must present a document that shows current employment authorization such as any document from List A or List C, including an unrestricted Social Security card. You cannot continue to employ an employee who cannot provide you with proof of current employment authorization.
Note: Reverification is never required for U.S. citizens and noncitizen nationals. Do not reverify the following documents after they expire: U.S. passports, U.S. passport cards, Alien Registration Receipt Cards/Permanent Resident Cards (Form I-551), and List B documents.
Employees whose immigration status, employment authorization or employment authorization documents expire should file the necessary application or petition well in advance to ensure they maintain continuous employment authorization and valid employment authorization documents. Certain employees, such as H-1B or L-1 nonimmigrants who are authorized to work for a specific employer and on whose behalf an application for an extension of stay has been filed may continue working for the same employer for up to 240 days from the date the authorized period of stay expires. Employees in certain categories may be eligible for a 180-day automatic extension of their expired EAD.
If you rehire an employee within three years from the date their Form I-9 was previously completed, you may either rely on the employee’s previously executed Form I-9 or complete a new one. If you choose to rely on a previously completed Form I-9, follow these guidelines:
- If the employee remains employment authorized as indicated on the previous Form I-9, the employee does not need to provide any additional documentation. In Section 3, provide the employee’s rehire date, any name changes, and sign and date the form.
- If the previous Form I-9 indicates that the employee’s employment authorization has expired, you must reverify employment authorization in Section 3 in addition to providing the rehire date. If the previously executed Form I-9 is not the current version of the form, you must complete Section 3 on the current version of the form.
- If you already used Section 3 of the employee’s previously completed Form I-9, but are rehiring the employee within three years of the original execution of Form I-9, you may complete Section 3 on a new Form I-9 and attach it to the previously completed form.
Employees rehired after three years of the original completion of the Form I-9 must complete a new Form I-9.
- Enter the date of rehire in Block B of Section 3.
- Enter the document title, number and expiration date (if any) of the document(s) the employee presents in Block C of Section 3.
- Sign and date Section 3.
- If you choose to use a new Form I-9, enter the employee’s name at the top of page 2 of a new Form I-9 and complete Section 3 of the new Form I-9, retaining the new form with the previously completed one.
- You must reverify the employee on a new Form I-9 if the version of the form you used for the previous verification is no longer valid.
EMP Trust can help you with your I-9 and E-Verification process. EMP Trust’s software application allows companies to manage I-9 forms and seamlessly integrate with employment eligibility verification (E-Verify) all at one go.
Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Any issues regarding compliance and obligations under United States or International laws or regulations should be addressed through your legal department or outside counsel.