I-9 Re-verification

System · June 2002

When the time arrives to update an employee's I-9 due to an expiration of their alien registration card, is that employee allowed to present a state issued driver license and a social security card in lieu of a current alien registration card?

Ruskanen · June 2002

To my knowledge, you can not specify which identification a person presents, as long as it satisfies the requirements for the I-9. I don't know if that rule is any different for "re-verifcation".

arodriguez · June 2002

INS does not require nor permit employers to reverify the employment authorization of aliens who have presented Resident Alien and Permanent Resident Alien cards. See http//www.ins.usdoj.gov/graphics/howdoi/faqeev.htm "Green Cards".

ray emser · June 2002

I used the link you provided in your message and read the section you recommended. Does this mean that we do not need to/should not advise employees that their ID is about to expire? If their ID expires and they do not present renewed ID, are we not supposed to question this or redo the I9? We need to be sure we are following the correct procedures, but this is all very confusing. Your input would be appreciated!

Debra F · June 2002

They must provide you with documentation that they are still eligible to work in the US, normally this would be an updated Permanent Resident Card or Naturalization documents. I would call them and tell them that their documentation is due to expire on XXXX date and that they need to provide you with updated information prior to that date or you will be forced to terminate them from your company.

Ruskanen · June 2002

This afternoon I was making copies of the I-9 and I was reading the list of instructions that comes with the original I-9 forms and it says: "Employers must complete Section 3 when updating and/or reverifying the I-9. Employers must reverify employment eligibility of their employees on or before the expiration date recorded in Section 1. Employers CANNOT specify which document(s) they will accept from an employee...If a current employee's work authorization is aboutr to expire (reverification), complete block B of section 3 and: examine any document that reflects that the employee is authoriezed to work in the U.S. (See List A OR C).

I would be careful about terminating someone if their ID expires. A lawyer once told me that their card may expire but not necessarily their eligibility to work. He didn't go into detail, so I would consult someone on that.

LFernandes · June 2002

In the Handbook for Employers dated November 21, 1991 the following question was answered:

"Q. What do I do when an employee's work authorization expires?"

"A. You will need to reverify on the I-9 in order to continue to employ the person. Re-verification must occur not later than the date that work authorization expires. The employee must present a document that shows either an extension of the employee's initial employment authorization or new work authorization. You must review this document and, if it reasonably appears on its face to be genuine and to relate to the person presenting it, record the document title, number and expiration date (if any), in the Updating and Reverification Section on the I-9 (Section 3) and sign in the appropriate space.

Note: You cannot refuse to accept a document because it has a future expiration date. You must accept any document (from List A or List C) listed on the I-9..."

What I normally do is notify employees that their authorization is expiring and ask that they bring me in new documentation. Nine times out of ten they bring me their updated cards. Some INS issued documents such as previous versions of the Alien Registration Receipt Card (I-151 and I-551) do not have expiration dates and are valid indefinitely.

I-9 Re-verification

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