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Ask the Hotline | Re-verifying an I-9 Identification Document

March 12, 2019
 
Question
 
Are there times when an employer should or should not reverify an I-9 identification document? 
 
Answer
 
The US Citizenship and Immigration Service (USCIS) has a website that answers these questions. Any employer looking for more detailed information on I-9 issues in general should print out and read the M-274 Handbook for Employers
 
Must an employer reverify an employee who presented a Permanent Resident Card with a 10-year expiration date?
 
No, you should not reverify this employee. See Section 2 of the M-274. 
 
Must an employer reverify an employee who presented for Form I-9 a Permanent Resident Card that expires in two years and contains conditions? 
 
No, you should not reverify this employee. See Section 2 of the M-274.
 
What should an employer do when an employee's employment authorization expires?
 
Any employer who wants to continue to employ an individual whose employment authorization has expired will need to reverify the employee’s right to work by completing Section 3 of the I-9. 
 
Reverification must occur no later than the date the employment authorization expires. The employee must present a valid ID document from List A or List C that shows either an extension of the employee’s initial employment authorization or a new employment authorization.
 
An employee does not need to present the same document he or she presented for the initial verification. 
 
An employer must review this 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 the Updating and Reverification Section (Section 3), and sign in the appropriate space.
 
If the I-9 used for the employee's original verification is no longer valid, the employer must complete Section 3 of the current I-9 upon reverification and attach it to the original Form I-9. This does not mean an employer must discard properly completed older I-9 forms and replace them with new ones. Those forms remain valid as long as they were the appropriate I-9 at the time they were completed. 
 
Furthermore, an employer may want to establish a calendar call-up (i.e. a tickler) system for employees whose employment authorization will expire and provide the employee with at least 90 days’ notice prior to the expiration date of the employment authorization.
 
Finally, an employer 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.
 
NOTE: An employer may not refuse to accept a document because it has a future expiration date. Also, an employer must accept any document (from List A or List C) listed on Form I-9 that on its face reasonably appears to be genuine and to relate to the person presenting it. To do otherwise could be an unfair immigration-related employment practice in violation of the anti-discrimination provision of the immigration law. 
 
What should an employer do if it needs to reverify an employee who filled out an earlier version of Form I-9?
 
If an employer originally completed an I-9 for the employee at time of hire and that Form I-9 is no longer available, and the employer is now reverifying the employment authorization of that employee, the employee must provide any document(s) he or she chooses from either a List A document or a List C document of the employee's choice from the current Lists of Acceptable Documents.
 
Enter this new document(s) in Section 3 of the current version of Form I-9 and retain it with the previously completed Form I-9. To see if your form is an acceptable version of Form I-9, go to www.uscis.gov/i-9.
 
Members may call the AIM Employer Hotline at 800-470-6277 with questions about this or any other HR-related issue.
 
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