I-9 and Driver's License

If you use driver's license from list B on the I-9 do you have to go back and update when the license has expired or can you go with what was active at time of hire and not have to update? Still learning! Thanks for any help.

Comments

  • 9 Comments sorted by Votes Date Added
  • Since the license, in this case, is used for the identification half of the requirement only, you do not need to reverify that upon expiration of the license. You only have to ID them once. If, however, the other half of the requirement, right to work in the United States, is based on a document that does expire, you do have to reverify that upon expiration. It's up to the employee in that case to get his documented status updated, or he loses his job.
  • In other words, if the ee is a legal alien, and a driver's license was used for verification, then the ee must keep the employer updated with the new documentation to ensure continued eligibility. US citizen's do not need to provide updated documentation. Correct me if I'm wrong, Don.
  • Nobody whose documents (for work status verification) do not expire will ever again have to produce documents. US citizens would not have visa type documents used for column one, so that would not become an issue later.
  • Depends on what documentation is submitted. For example, a permanent resident card does not need to be updated. However, an employment authorization or temporary resident card must be updated.
  • >Depends on what documentation is submitted. For example, a permanent
    >resident card does not need to be updated. However, an employment
    >authorization or temporary resident card must be updated.

    Actually, a "permanent resident card", which is actually an 1-551, does have to be updated as it has an expiration date on it. Even a natural-born citizen who uses a single I-9 document (one that establishes both identity AND eligibility to work) that has an expiration date has to go through an update upon expiration. The best example of this is someone who uses a U.S. passport.

    Gene

  • You are exactly right, Gene, if the citizen uses the passport to satisfy both requirements. I suppose that might happen on occasion. But, even if it did happen, rather than go through the bother of showing the updated passport the citizen probably might just rather bring in the other forms of proof when he has them handy.
  • [font size="1" color="#FF0000"]LAST EDITED ON 10-27-03 AT 05:58PM (CST)[/font][p]Gene, your post had me a little concerned so I had to do some research, because I always understood different.

    This was taken directly from the BCIS (former INS) website regarding I-551 Permanent Resident Cards (Green Cards)..... According to this they should NOT and need NOT be updated once expired.


    "Expiration dates do not affect current employment, since employers are neither required nor permitted to re-verify the employment authorization of aliens who have presented one of these cards to satisfy I-9 requirements (this is true for conditional residents as well as permanent residents)."

    Also, a US Citizen who shows a passport for List A can use an Expired or Unexpired Passport. A non-citizen can only use an unexpired passport.

  • HRsage, you are right, on the back of the I9 form it states "US Passport(unexpired or expired).

  • HRSage,

    Correct you are! Thanks for pointing this out.

    Gene
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