How to File a Reverification for Form I-9: A Step-by-Step Guide
Reverification of Form I-9 is a critical part of ensuring compliance with employment authorization requirements. It is required when an employee’s work authorization has an expiration date. This guide provides a detailed and comprehensive breakdown of the reverification process, including key steps, common questions, and essential resources.
1. Determine When Reverification is Needed
Reverification is necessary when an employee’s work authorization is nearing its expiration date. However, reverification is not required for:
U.S. citizens.
Documents that do not expire, such as a U.S. Passport or an unrestricted Social Security card.
Common Reasons for Reverification
Expiration of an Employment Authorization Document (EAD): Employees on temporary work authorization may need to provide updated documentation.
Expiration of a visa status: For example, an H-1B visa holder whose status is nearing expiration.
Extension or adjustment of work authorization status: Employees who renew their work authorization or adjust their immigration status may require reverification.
Pro Tip: Employers should maintain a system to track the expiration dates of work authorization documents to avoid non-compliance.
For further details on acceptable scenarios for reverification, refer to the USCIS Form I-9 Central.
2. Notify the Employee
To stay compliant, employers must notify the employee well in advance of their work authorization expiration date. Best practices include:
Timeline for Notification: Provide the employee with at least 90 days’ notice before the expiration date of their work authorization. This allows them sufficient time to gather the necessary documents.
Provide the List of Acceptable Documents: Share the Lists of Acceptable Documents from the Form I-9 instructions so the employee can choose which document(s) to present.
Reminder: Employers cannot request specific documents from the employee. The employee has the right to choose from the acceptable options.
3. Review the Employee’s Documentation
Once the employee provides updated work authorization, review the documentation to ensure it meets Form I-9 requirements.
Acceptable Documents for Reverification
The employee must provide a document from List A or a combination of a List B AND List C to confirm continued work authorization:
List A: Documents establishing both identity and employment authorization. Examples include:
Employment Authorization Document (EAD).
Permanent Resident Card (Green Card).
List B: Documents establishing identity
Driver's License
U.S Military Card
List C: Documents establishing work authorization only. Examples include:
An unrestricted Social Security card or number or card.
Important Notes:
Ensure the document is unexpired and valid.
If the employee’s name has changed, this is the time to update their information on the Form I-9.
For a full list of acceptable documents, see the USCIS Guide.
4. Complete Supplement B (Reverification and Rehire)
Reverification is documented in Supplement B: Reverification and Rehire (formerly known as Section 3). Here are the steps to complete this section:
Employee Information:
Enter the employee’s full name exactly as it appears on their updated documentation.
If the employee’s name has changed, update this information in Supplement B.
Document Information:
Record the title, document number, and expiration date of the new work authorization document(s).
Employer Certification:
The employer must sign and date Supplement B to certify the information provided is accurate.
5. Attach Supplement B to the Original Form I-9
Once Supplement B is completed, attach it to the employee’s original Form I-9. This ensures that all documentation related to the employee’s work authorization is stored in one place.
Storage Tips:
Keep Form I-9s in a secure location, separate from general personnel files.
Organize forms to allow for easy access during an audit or inspection.
6. Retain and Track
Form I-9s must be retained for specific periods to comply with federal regulations:
Retention Period:
3 years after the date of hire, or
1 year after the date of termination, whichever is later.
Track Expiration Dates: Use a calendar or HR software to monitor the expiration dates of updated work authorization documents.
Pro Tip: Conduct regular internal audits to ensure all I-9 records are accurate and up to date.
7. Stay Audit-Ready
Employers must ensure that all Form I-9s, including reverifications, are accessible for inspection by federal agencies such as:
The Department of Homeland Security (DHS).
The Department of Labor (DOL).
The Department of Justice’s Immigrant and Employee Rights Section (IER).
Preparing for an Audit
Organize Records: Ensure that all Form I-9s and attached supplements are stored securely but are easy to retrieve.
Review for Errors: Periodically audit your Form I-9s for completeness and accuracy.
Train HR Staff: Regular training on Form I-9 compliance ensures your team is prepared for potential audits.
For more tips, read our guide on Conducting Internal I-9 Audits.
Frequently Asked Questions
Do I need to complete a new Form I-9 for reverification?
No, you do not need to complete a new Form I-9. Reverification is documented in Supplement B and attached to the original Form I-9.
What happens if an employee’s work authorization expires before reverification?
If an employee’s work authorization expires and reverification has not been completed, the employee must not continue to work until updated documentation is provided.
Can I specify which documents an employee must present?
No, employers cannot request specific documents. Employees have the right to choose from the List of Acceptable Documents.
Pro tip: Don't make reverification an emergency and plan ahead.
Additional Resources for Employers
Form I-9 Instructions: A step-by-step guide to completing Form I-9.
M-274 Handbook for Employers: Comprehensive guidance for I-9 compliance.
Acceptable Documents List: Official USCIS resource for acceptable Form I-9 documents.
By following these detailed steps and staying proactive, employers can ensure compliance with Form I-9 reverification requirements, avoid costly penalties, and maintain a legally authorized workforce. For additional assistance, consult with your HR compliance team or legal counsel.