Completing Supplement B, Reverification and Rehires (formerly Section 3)
Employers must complete Supplement B when:
- Your employee’s employment authorization or documentation of employment authorization has expired ("reverification").
Employers may complete Supplement B when:
- Your employee is rehired within 3 years of the date that Form I-9, Employment Eligibility Verification, was originally completed; or
- Your employee has a legal name change.
When completing Supplement B, you must also complete the last name, first name and middle initial fields at the top of the page.
When your employee’s employment authorization or, in most cases, employment authorization documentation (see below for more information) expires, you must reverify to ensure your employee is still authorized to work. To confirm the date your employee’s employment authorization expires, review Section 1 for the date that employment authorization expires and Section 2 for the date that the employment authorization document expires.
The employment authorization expiration date provided by your employee in Section 1 may not match the document expiration date recorded under List A or List C in Section 2. You must reverify by the earlier date when reverification is necessary.
We suggest that you remind employees, at least 90 days before the date reverification is required, that they 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 whichever is sooner, expires.
Employers should not reverify:
- U.S. citizens and noncitizen nationals;
- Lawful permanent residents who presented a Form I-551, Permanent Resident or Alien Registration Receipt card for Section 2, including conditional residents; or
- List B documents
Unless reverification does not apply (for the situations stated above), then when your employee’s employment authorization or employment authorization documentation expires your employee must present unexpired documents from either List A or List C showing authorization to work. Receipts for a lost, stolen or damaged document are acceptable for reverification.
To complete Supplement B, you must:
- Examine the unexpired documents to determine if they appear to be genuine and relate to your employee. If you feel the document does not reasonably appear to be genuine and relate to your employee, 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 Supplement B.
You may use additional blocks on this supplement for subsequent reverifications or updates, attaching additional supplement sheets as needed.
If you previously completed Supplement B, or if the version of the form you used for a previous verification is no longer valid, you must complete Supplement B 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 3 years of the date that a previous Form I-9 was completed, you may either complete a new Form I-9 for your employee or complete Supplement B of the previously completed Form I-9.
To complete Supplement B 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) or a previous reverification has since expired (or have been auto-extended). 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 unexpired, enter the date of the rehire in the space provided in Supplement B.
- If your employee is no longer authorized to work or the employment authorization documentation has 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 Supplement B. If the version of the previously completed Form I-9 has expired, you must complete Supplement B on the current version.
- Sign and date Supplement B.
Entering Dates in Supplement B, reverification and Rehire
Supplement B 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 the Date of Rehire field in the block of Supplement B you are completing.
- If you reverify your employee: enter the date the employee’s new work authorization document expires in the Expiration Date field in the block of Supplement B you are completing.
- When completing Supplement B for any reason: enter the date you complete and sign the attestation.
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 name change. However, it is recommended that you maintain correct information on Forms I-9 and note any name changes in Supplement B. Although Form I-9 regulations do not require employees to present documentation to show that they have changed their name, you should take steps to be reasonably assured of your employee’s identity if there has been a legal name change. Such a change may call into question your continued ability to rely on the documents your employee previously presented, as they reasonably relate to the employee. These steps may include asking the employee to provide documentation of a legal name change to keep with their Form I-9, so that your actions are well-documented if the government asks to inspect this employee’s 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 the time Form I-9 was previously completed. If your employee informs you that the name, date of birth, or Social Security number is substantially different from what they 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 in Section 2; 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 relate to your employee presenting it. If so, complete Supplement B of the previous Form I-9. If the current version of Form I-9 is different from the previously completed Form I-9, you must complete Supplement B.