5.1 Reverifying Employment Authorization for Current Employees
When an employee’s employment authorization or, in most cases, employment authorization documentation expires, you must reverify their employment authorization no later than the date employment authorization expires. You may use Section 3 of Form I-9, or if Section 3 has already been used for a previous reverification or update, then use Section 3 of a new Form I-9. If you complete Form I-9 on paper, you must:
- Enter the last name, first name and middle initial from the original Form I-9 at the top of Section 2 leaving the Citizenship/Immigration Status field blank (only for those using Section 3 of a new form);
- Complete Section 3;
- Keep only the second page of the new Form I-9 with the original.
When completing the Form I-9 using a computer, you must enter the last name, first name and middle initial from the original Form I-9 at the top of Section 3.
When you complete Section 3 on a computer and print, Sections 2 and 3 will appear on the same page. The employee must present a document that shows current employment authorization such as any document from List A or List C, including an unrestricted Social Security card. You cannot continue to employ an employee who cannot provide you with proof of current employment authorization.
Note: Reverification is never required for U.S. citizens and noncitizen nationals. Do not reverify the following documents after they expire: U.S. passports, U.S. passport cards, Alien Registration Receipt Cards/Permanent Resident Cards (Form I-551), and List B documents.
Employees whose immigration status, employment authorization or employment authorization documents expire should file the necessary application or petition well in advance to ensure they maintain continuous employment authorization and valid employment authorization documents. Certain employees, such as H-1B or L-1 nonimmigrants who are authorized to work for a specific employer and on whose behalf an application for an extension of stay has been filed may continue working for the same employer for up to 240 days from the date the authorized period of stay expires. See Section 7.0 Evidence of Status for Certain Categories.
Employees in certain categories may be eligible for a 180-day automatic extension of their expired EAD. See Section 4.2 Automatic Extensions of Employment Authorization Documents in Certain Circumstances for more information, including eligible categories.
Note: You must reverify an employee’s employment authorization on Form I-9 no later than the date that the employee’s employment authorization or EAD expires, whichever is sooner.