Employers are required to reverify an employee's documentation only when the employee's employment authorization document (EAD) or receipt has expired. Reverification should occur no later than the actual expiration date of the work authorization. If the employer is unable to reverify the work authorization, then the worker's employment may not continue. Employees who are on temporary work visas are encouraged to file for an extension at least 90 days prior to the expiration date of their EAD. Certain employment eligibility categories who file timely EAD renewal applications may receive automatic extensions of their expiring EADs.
Employers may complete Section 3 of the original Form I-9 if the original is the current version of the form. If the original is a prior version of Form I-9, the employer should either fill out Section 3 on the current version of the I-9 or complete a new I-9 entirely on the current version. In either case, the employer must attach the new Form I-9 to the old one.
If an employee gave a receipt for a document upon initially completing the I-9, he or she has 90 days to show the employer the replacement document. At that time, the employer should use Section 3 on the current version of the Form I-9 to update the information or draw a line through the old information (so that it is still legible), insert the new information, and sign and initial the change. If, within the 90-day period, the employee chooses to present another acceptable document that differs from the document that the receipt was issued for, the employer should complete Section 2 on a new Form I-9 and attach it to the original Form I-9 and provide a note of explanation either in the additional information box included on page 2 of the Form I-9 or as a separate attachment.
I-9 forms that list green cards that have since expired should not be reverified. Green cards indicate permanent residency in the United States, and they expire just as driver's licenses do. The expiration date does not indicate that the holder is no longer authorized to work in the U.S.
Employers may also choose to update the Form I-9 in Section 3 when an employee has a name change, but there is no requirement to do so.
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