I9 Forms

wiremanufacturer · January 2003

Can I accept an expired Driver's License for verification on the I9 Form?

2445428 · January 2003

I had the same question, so I contacted Gene McNary with Immigration and Naturalization Service. This was back in 1991.

Question was, "May I accept an expired document?" Answer was, "You may accept an expired United States Passport. You may also accept an expired document from List B to establish identity. However, the document must reasonably appear on its face to be genuine and to relate to the person presenting it. You cannot accept any other expired documents."

Since a driver's license is in List B, then you can accept an expired license.

Now if they present a document that cannot be accepted if expired, simply inform them that they can produce, within 3 business days, a receipt showing that he or she has applied for the document. They then have a 90 day window in which to produce the unexpired document.

Hope this helps!

System · January 2003

You may accept an expired driver license, but get this - just yesterday I called INS with the same question, this time referring to an expired Resident Alien card from List A on the I-9. The agent told me that once residence is granted it is permanent, and that an expired card does not indicate expired status. This flies in the face of everything else the I-9 and the INS state, especially since there are conditional residents and temporary residents, and why else would there be an expiration date if status is permanent?! One more quick thing: in List A on the front of the I-9 where it asks for the document number, is this the nine digit A number on the card? or do we list the card as an I-551, for example? There are no samples available from INS, no document numbers on the cards, and we want to make sure we're doing it right! The INS agent told me to "use my judgment" - when any government official says that, I get cold chills...

Debra F · January 2003

The number for the Permanent Resident Card is the A number. And yes, it's confusing about the expiration dates. I was making people bring me in new copies of their PR cards when their expiration dates were expiring, but as I've been reading along and getting more experience, I also found out that it is the card that expires and not the person's PR status. I think the reason they have them get a new card is so that the picture resembles the individual in case they are stopped for some reason, but that's just my opinion.

WOCO Frank · January 2003

>The INS agent told me to "use my
>judgment" - when any government official says that, I get cold
>chills...

A Wage & Hour investigator once told me to use my judgment... I told him "I'd rather use yours, thank you." He laughed and steered me to the correct course of action.

Pork · January 2003

Wiremanufactur: I for one do not accept anything expired. I have been told that an expired resident or work permit means the INS expected the individual to return to their country by then, and to get a new card. It is amazing how fast the immigrant can get a new card. They travel within 2 weeks and get a new card. It is not the agent on the phone that has to answer to the on the ground INS auditor when he/she is reviewing your conduct of the I-9 requirement. I prefer to have it clean; we also review annually to make sure the expiration has not happened and the ee is still on our payrolls. Pork

HRsage · January 2003

The I-9 specifies which documents are not acceptable if expired. If it does not specify "Unexpired" then there shouldn't be a problem accepting it. The alien registration receipt card- (I-551 or "green card") doesn't require it to be "Unexpired" It's also not a good idea to request an ee to resubmit a new card after the old one has expired when they are a permanent resident. If it's an employment authorization card that's different. That expires and should be updated as needed. That's my two cents for my first post.

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