I-9 Re-Verification (URGENT!)

HR Mouse

When completing the Form I-9:

An employee originally gave an ID from List A (for instance a Resident Alien Card) which expires. Then when I tell them it's time to re-verify with their new ID (when theirs is about to expire) they want to then give a valid Drivers License and a Social Security Card (or a US Passport, etc.) - is that o.k.? Or do they HAVE to give their new Resident Alien Card? And if it's o.k. for them to give completely different forms of ID as opposed to the ones they originally gave at the time of hire do I need to have them fill out a new form or do I update the original form? If a new form is o.k. should I shred the original form or attach it to the back of the new form??

Help! I'm in the midst of a company-induced I-9 Audit & my completion deadline is approaching!!!! [:S]

 

IT HR

When doing an update or if you find a mistake and need to do another form you never want to shred the original form. You want to attach it to the new form. 

To answer your question I believe you can accept a valid driver's license and social security card an you would fill in Section 3 of the old form.  On page 10 of the Handbook for Employers, Instructions for Completing the Form I-9, it says:

Reverifying Employment Authorization for Current Employees
When an employee’s work authorization expires, you must reverify his or her employment eligibility. You may use Section 3 of the Form I-9, or, if Section 3 has already been used for a previous reverification or update, use a new Form I-9. If you use a new form, you should write the employee’s name in Section 1, complete Section 3, and retain the new form with the original. The employee must present a document that shows either an extension of the employee’s initial employment authorization or new work authorization. If the employee cannot provide you with proof of current work authorization (e.g. any document from List A or List C,including an unrestricted Social Security card), you cannot continue to employ that person.
NOTE: List B identity documents, such as a driver’s license, should not be reverified when they expire.

BarbieW

Here's how I would handle it. If the employee produced a different document that was valid to establish eligibility to work in the United States, I would accept that document so long as it appeared valid. A U.S. Passport or original Social Security Card are both valid to establish eligibility to work. The reverification section of the I-9 form doesn't require you use the same document only that you fill in information about the document presented to establish "current" authorization. I wouldn't do a new form, I'd just fill out the Updating/Reverification section. If you decide to do a new form, keep the old one! You want to be able to show the form was completed with valid documents within 3 days of hire.

 

TXHRGuy

I don't believe you have the right to require them to show any particular documents except to say that the documents they show you must fulfill the requirements of the I-9.  If they had an expiring resident alien card and upon reverification they provide a driver's license and a social security card and both appear to be genuine and pertain to the person who offered them, then you have met your requirement.  If it makes you feel better, you can tell ICE, but you might get an external audit which probably wouldn't be fun.  DOJ was much better about taking the alien and not punishing the company who reported them or expressed a concern.