Re-Verifying the Form I-9

An employer must reverify employment eligibility when an employee’s work authorization or evidence of work authorization recorded in Section 2 of the Form I-9 is expiring.

An employer also reverifies employment authorization when an employee is rehired within three (3) years of the date that Form I-9 was originally completed and employee’s work authorization or evidence thereof has expired.

Reverification for the Form I-9 is not required for U.S. passport or green card holders.

Temporary evidence of permanent resident status in the form of an unexpired foreign passport containing a temporary I-551 ADIT stamp is subject to reverification.

Employers should institute a tickler system to provide advance notice to employee’s of expiring employment authorization document(s).  Sufficient advance warning is critical so employees can apply for and receive authorization in time to maintain legal employment.

An employer must reverify employment authorization on Section 3 of Form I-9, or by completing the new Form I-9 to be attached to original Form I-9.  This must be done no later than the date that employment authorization expires.

To reverify work authorization, employees may present any currently valid Form I-9 List A or List C document.