4.1 Future Expiration Dates
Future expiration dates may appear on the employment authorization documents of individuals, including, among others, lawful permanent residents, asylees and refugees. USCIS includes expiration dates on some documents issued to individuals with permanent employment authorization. The existence of a future expiration date:
- Does not preclude continuous employment authorization;
- Does not mean that subsequent employment authorization will not be granted; and
- Should not be considered in determining whether the individual is qualified for a particular position.
Considering a future employment authorization expiration date in determining whether an individual is qualified for a particular job may constitute employment discrimination. For more information on unlawful discrimination, see Section 11.0 Unlawful Discrimination and Penalties for Prohibited Practices. However, you may need to reverify the employee’s authorization to work when certain List A or List C documents expire. For example, the Employment Authorization Document (Form I-766) must be reverified on or before the expiration date. See Section 5.0 Form I-9 Completing Section 3 for more information on reverification.