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Completing Section 3, Reverification and Rehires
Employers may complete Section 3 when:
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:
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:
If you previously completed Section 3, or if the version of the form you used for a previous verification is no longer valid, you must complete Section 3 of a new Form I-9 using the most current version and attach it to the previously completed Form I-9.
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:
Entering Dates in Section 3
Section 3 includes three spaces to enter dates:
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:
Last Reviewed/Updated: 11/13/2013