Official Website of the Department of Homeland Security Official Website of the Department of Homeland Security
Share This PageShare This Page PrintPrint

Completing Section 3, Reverification and Rehires

Employers may complete Section 3 when:

  • Your employee’s employment authorization or documentation of employment authorization has expired ("reverification").
  • Your employee is rehired within three years of the date that Form I-9 was originally completed.
  • Your employee changes his or her name.

Reverification

When your employee’s employment authorization or employment authorization documentation (in most cases—see below for more information) expires, you must reverify to ensure your employee is still authorized to work.  Look in Section 1 for the date that employment authorization expires and in Section 2 for the date that employment authorization document expires.

The employment authorization expiration date provided by your employee in Section 1 may not match with the document expiration date recorded by you under List A or List C in Section 2. For reverification purposes, the earlier date should be used to determine when reverification is necessary.

We suggest that you remind employees, at least 90 days before the date reverification is required, that your employees will be required to present a List A or List C document (or acceptable receipt) showing continued employment authorization on the date that their employment authorization or documentation expires. If your employee has a Form I-765, Application for Employment Authorization, pending with USCIS, and the application has been pending for 75 days, your employee may call the National Customer Service Center or schedule an INFOPASS appointment at a local office to request expedited processing.

Employers should not reverify:

  • U.S. citizens
  • Lawful permanent residents (LPRs) who presented a Permanent Resident Card (Form I-551) for Section 2
  • List B documents

Unless reverification does not apply (as stated above), when your  employee’s employment authorization or employment authorization documentation expires your employee must present unexpired documentation from either List A or List C showing he or she is still authorized to work.

To complete Section 3, you must:

  • Examine the documentation to determine if it appears to be genuine and to relate to your employee presenting it. If you feel the document does not reasonably appear to be genuine and relate to your employee, you should allow your employee to present other documentation from the List of Acceptable Documents
  • Record the document title, document number and expiration date, if any.
  • Sign and date Section 3.

If you previously completed Section 3, or if the version of the form you used for a previous verification is no longer valid, you must complete Section 3 of a new Form I-9 using the most current version and attach it to the previously completed Form I-9.

Back to Top

Rehires

If you rehire your employee within three years of the date that a previous Form I-9 was completed, you may complete a new Form I-9 for your employee or complete Section 3 of the previously completed Form I-9. 

To complete Section 3 for rehires, you must:

  • Confirm that the original Form I-9 relates to your employee.
  • Review the original Form I-9 to determine if your employee is still authorized to work, including whether employment authorization documentation presented in Section 2 (List A or List C) has since expired. Use the guidelines to determine if reverification applies.
  • If your employee is still authorized to work and his or her employment authorization documentation is still valid, enter the date of the rehire in the space provided in Section 3.
  • If your employee is no longer authorized to work or their employment authorization documentation has since expired and requires reverification, request that the employee present an unexpired List A or List C document. Do not reverify an employee’s List B (identity) document. Enter the document information and the date of rehire in the spaces provided in Section 3. If the current version of Form I-9 is different from the previously completed Form I-9, you must complete Section 3 on the current version.
  • Sign and date Section 3.

Entering Dates in Section 3

 Section 3 includes three spaces to enter dates:

  • If you rehire a former employee: Enter the rehire date that your employee begins employment for wages or other remuneration, which can be a future date, if necessary, in Block B.
  • If you reverify your employee: Enter the date the employee’s current work authorization document expires in Block C.
  • When completing Section 3 for any reason: Enter the date you complete and sign the attestation.  

 Section 3

Recording Changes of Name and Other Identity Information for Current Employees

You are not required to update Form I-9 when your em­ployee has a legal change of name. However, it is recom­mended that you maintain correct information on Forms I-9 and note any name changes in Section 3.  Form I-9 regulations do not require that employees present documentation to show that they have changed their name. You should take steps to be reasonably assured your employee’s identity and the accuracy of your employee’s legal name change. Such a change may call into question your continued ability to rely on the documents presented by your employee in their previous name as reasonably relating to them. These steps may include asking the employee to provide documentation of a legal change of name to keep with Form I-9, so that your actions are well-documented if the govern­ment asks to inspect your Forms I-9.

You may encounter situations other than a legal change of name where an employee informs you that their identity is different from that previously used to complete Form I-9. If your employee informs you that their name, date of birth, or Social Security number is substantially different from that previously provided on Form I-9, and is unable to provide evidence linking the new information to the identity previously used you should:

  • Complete a new Form I-9. 
  • Write the original hire date in “The employee’s first day of employment (MM/DD/YYYY)” space, and attach the new Form I-9 to the previously completed Form I-9. 
  • If the Section 1 information has not substantially changed but the employee has offered different evidence of work authorization then you should examine the documentation to determine if it appears to be genuine and to relate to your employee presenting it.  If so, complete Section 3 of the previous Form I-9.

Back to Top

Last Reviewed/Updated: 04/15/2014