A Quick Reference to Clarify the I-9 Re-Verification Process
December 10, 2008 § 2 Comments
Many people are confused by the I-9 re-verification process. We’ve received numerous questions regarding this issue, including one recently, “Can you assist us with gathering a clearer understanding on the overall I-9 re-verification process? Do you know of any resources and/or tools that would be beneficial to our HR Department to refer to as a guideline?”
To answer this question, generally, the employer is required to re-verify the I-9 in one of three circumstances:
When the employee indicates in the attestation box in Section 1 that their employment authorization will expire;
When the employee presents a document that satisfies the requirements for Section 2, but the document indicates that the employee has limited employment authorization; or
When the employee presents a receipt for an original document. (Please note that “receipt” is a term of art and the employer may only accept a receipt for an original document in very specific circumstances.)
To re-verify the employee, a new I-9 must be completed. There are numerous restrictions on Section 3 and since employers always have the right to complete a new I-9 instead of using Section 3, we typically advise employers to fill-out a new I-9 and keep the employee’s I-9 forms together. Please note that you should not re-verify identity (list B) documents when they expire.
It is also advisable to develop a tickler system that would notify you 150 days prior to the expiration of the employee’s work authorization. It is important to send a written reminder of the approaching expiration date to the employee. Employers should keep a copy of the notification with the employee’s I-9 form and supporting documentation. The reminder system should also notify you on the day the employee’s authorization expires, as you cannot continue to employ a person who does not have employment authorization.
There is a link to the M-274, I-9 Handbook for Employers, on the left hand side of our Immigration bLAWg. The I-9 Handbook is a good resource to start with.