Reverifying Employment Authorization for Current Employees

If an employee is not a U.S. citizen or lawful permanent resident, they are likely working based on a status with a defined end date. For these employees, the employer must note the expiration of their documents on the I-9 Form and then must pull their I-9 Form before the expiration date and re-verify that the worker's status has been extended. Employers need to establish a reliable tickler systems to prompt re-verification. Aside from complying with the re-verification rule, this system will also ensure that an employer that needs to extend a work visa for an employee will not forget to take care of this critical task (something that is, unfortunately, neglected by many employers and can result in an employee falling out of legal status). Green cards and passports with expiration dates do not need to be re-verified.

When an employee's work authorization expires the employer must reverify his/her employment eligibility. The employer may use Section 3 of the Form I-9, or, if Section 3 has already been used for a previous reverification or update, use a new Form I-9. If it uses a new form the employer should write the employee's name in Section 1, complete Section 3, and retain the new form with the original.

For reverification the employee must present a document that shows either an extension of the employee's initial employment authorization or new work authorization.

If the employee cannot provide the employer with proof of current work authorization (e.g. any document from List A or List C, including an unrestricted Social Security card), the employer cannot continue to employ that person.

List B identity documents, such as a driver's license, should not be reverified when they expire.

How to Reverify or Update Employment Authorization for Rehired Employees
If the employer rehires an employee it must ensure that s/he is still authorized to work. An employer may do this by completing a new Form I-9, or it may reverify or update the original form by completing Section 3.

If the employer rehires an employee who has previously completed a Form I-9, it may reverify on the employee's original Form I-9 (or on a new Form I-9 if Section 3 of the original has already been used) if:

• The employer rehires the employee within three years of the initial date of hire; and
• The employee's previous grant of work authorization has expired, but s/he is currently eligible to work on a different basis or under a new grant of work authorization than when the original Form I-9 was completed.

To reverify the employer must:

• Record the date of rehire;
• Record the document title, number and expiration date (if any) of any document(s) presented;
• Sign and date Section 3; and
• If the employer is reverifying on a new Form I-9, write the employee's name in Section 1.

If the employer rehires an employee who has previously completed a Form I-9, it may update on the employee's original Form I-9 or on a new Form I-9, if:

• The employer rehires the employee within three years of the initial date of hire; and
• The employee is still eligible to work on the same basis as when the original Form I-9 was completed.

To update the employer must:

• Record the date of rehire;
• Sign and date Section 3; and,
• If the employer is updating on a new Form I-9, write the employee's name in Section 1.

Employers always have the option of completing Sections 1 and 2 of a new Form I-9 instead of completing Section 3 when rehiring employees.

Figure 5: Reverification of Employment Eligibility for Current Employees and Rehires
1. 1. 1.Record the employee's new name, if applicable, and date of rehire, if applicable

2. Record the document title, number, and expiration date (if any) of document(s) presented

3. Sign and date
NOTE: The employer may also fill out a new Form I-9 in lieu of filling out this section.