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I-9 E-Verify Immigration Compliance

When does Employer Need to Re-Verify Employee’s I-9 form?

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By: Bruce Buchanan, Sebelist Buchanan Law

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From my observations of conducting numerous internal I-9 audits and representing employers in ICE I-9 inspections, I have noticed some employers do not comprehend when to reverify an employee. This article will try to simplify the process.

If an employee is not a U.S. citizen or lawful permanent resident, he is likely working based on a status with a defined end date. For these employees, the employer must note the expiration date of their document(s) on the I-9 form, pull the employee’s I-9 form before its expiration date, and re-verify that the employee’s status has been extended. Employers should establish a reliable tickler system to prompt reverification. Aside from complying with the re-verification rule, this system will also ensure that an employer that needs to extend a work visa for an employee will not forget to take care of this critical task.

Employers may not specify which documents an employee may present either at the time of hire or at the time of re-verification. An employee may have become a lawful permanent resident or otherwise received employment-authorized status allowing the employee to obtain a Social Security card, as discussed below, absent the sponsorship of the employer, so the employer should not assume the employee is unauthorized. An employee may present a Social Security card to show employment authorization at re-verification if the Social Security card is not restricted with a statement such as “not valid for employment,” “valid for work only with DHS authorization” or “valid for work only with INS authorization.” This type of Social Security card must be accompanied by an Employment Authorization Document (EAD) to be valid.

Returning employees often do not need to complete a new I-9 form, but if that is not done, the employer needs to re-verify the employee’s work authorization in Section 3 of the I-9 form, if the formerly listed work authorization has expired. If a new version of the I-9 form has come out since the last time the I-9 form was completed, the employer may complete a new form or use Section 3 of the existing completed I-9 form. And if the form has been completed in Section 3 from a previous re-verification, the employer should complete Section 3 of a new I-9 form. Plus, the employer should put the employee’s name in Section 1 and retain the new form with the original.

One final reminder - green cards, driver’s licenses, and passports with expiration dates do not need to be re-verified.

For more information on reverification and many other issues related to employer immigration compliance, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.

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