What must an employer do when an employee's I-9 employment authorization expires?

To continue to employ an individual whose employment authorization has expired, the employee must present to the employer a document from either List A or List C that shows either an extension of his or her initial employment authorization or new employment authorization. Employers must review the document and, if it reasonably appears on its face to be genuine and to relate to the person presenting it, record the document title, number, and expiration date (if any), in section 3 of the I-9 form, and sign in the appropriate space.

Reverification must occur no later than the date the employee's employment authorization expires. If the version of the I-9 that was used for the employee's original verification is no longer valid, employers must complete Section 3 of the cur­rent Form I-9 upon reverification and attach it to the original Form I-9.

If an employee is unable to provide valid employment authorization by the date the employee's current authorization expires, employers may not allow the employee to continue work until new employment authorization is obtained.

Employers are encouraged to establish a calendar reminder sys­tem for employees whose employment autho­rization will expire in the future and provide the employee with at least 90 days' notice prior to the expira­tion date of the employment authorization of the need to reverify.

Employers may not reverify an expired U.S. passport or passport card, an Alien Registration Receipt Card/Permanent Resident Card (Form I-551), or a List B document that has expired.