Page 52 - Handbook for Employers - Guidance for Completing Form I-9
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of Form I-9. Reverification must occur no later of Employment Authorization Document in Certain
than the date that employment authorization Circumstances for eligible categories and additional
expires. The employee must present a document information.
from either List A or List C that shows either
an extension of their initial employment NOTE: You cannot refuse to accept a document
authorization or new employment authorization. because it has a future expiration date. You must
You must review this document and, if it accept any document (from List A or List C)
reasonably appears on its face to be genuine and listed on Form I-9 that on its face reasonably
to relate to the person presenting it, enter the appears to be genuine and to relate to the
document title, number, and expiration date (if person presenting it. To do otherwise could be
any), in the Reverification and Rehires section an unfair immigration-related employment
(Section 3), and sign in the appropriate space. practice in violation of the anti-discrimination
provision of the INA.
If the version of Form I-9 that you used for the
employee’s original verification is no longer 29. Q. Can I avoid reverifying an employee on Form
valid, you must complete Section 3 of the cur- I-9 by not hiring persons whose employment
rent Form I-9 upon reverification and attach it to authorization has an expiration date?
the original Form I-9.
A. No. You cannot refuse to hire persons solely
You may want to establish a calendar notification because their employment authorization is
system for employees whose employment temporary. The existence of a future expiration
authorization will expire and provide the
employee with at least 90 days’ notice prior date does not preclude continuous employment
to the expiration date of the employment authorization for an employee and does
authorization. not mean that subsequent employment
authorization will not be granted. In addition,
You may not reverify an expired U .S. passport consideration of a future employment
or passport card, an Alien Registration Receipt authorization expiration date in determining
Card/Permanent Resident Card (Form I-551), or whether an individual is qualified for a
a List B document that has expired. particular job may be an unfair immigration-
related employment practice in violation of the
Some workers are eligible for an automatic anti-discrimination provision of the INA.
extension of their Employment Authorization
Document for 180 days, in certain 30. Q. Can I contract with someone to complete
circumstances. If your employee presents an Form I-9 for my business?
expired Employment Authorization Document
(Form I-766) in combination with an I-797C A. Yes. You can contract with another person or
Notice of Action from USCIS indicating both business to verify employees’ identities and
timely filing for a renewal of their Employment employment authorization and to complete
Authorization document and eligibility Form I-9 for you. However, you are still
for a 180-day automatic extension of their responsible for the contractor’s actions and
Employment Authorization Document (Form are liable for any violations of the employer
I-766), you should not reverify the employee sanctions laws.
based on the expiration date on the face of the
Employment Authorization Document (Form 31. Q. How does the Immigrant and Employee
I-766); instead, update Section 2 of Form I-9 Rights Section in the Department of Justice’s
at that time. When the automatic extension Civil Rights Division (IER) obtain the
of the Employment Authorization Document necessary information to determine whether
(Form I-766) expires (180 days after the an employer has committed an unfair
expiration date on the face of the Employment immigration-related employment practice
Authorization Document (Form I-766)), you
must reverify the employee’s employment
authorization. Please see Automatic Extensions
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