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When an employee's temporary work authorization expires, the employer must reverify that the employee is still authorized to work in the United States no later than the date the individual's employment authorization expires.
To do this, employers may use Section 3 of the employee's Form I-9, assuming the employee's form is still a version of the Form I-9 that is valid for use. Employers must use a current version of the Form I-9 when updating or reverifying an employee's Form I-9. If the form that was originally filled out for the employee is no longer a valid version, the employer must use a current form for updating and reverification and attach the new form to the employee's original form. Of course, if the form that was originally used is still valid, the employer may make changes directly on the original form.
An employer may also need to use a new Form I-9 if Section 3 of the employee's original form has already been used for a previous reverification or update. When a new Form I-9 is used, the employer must write the employee's name at the top of Section 2, complete Section 3, and retain the new Form I-9 with the employee's original form. The employee must present a document that shows current employment authorization- e.g., any document from List A or List C (both of which prove work authorization).
Employees whose temporary work authorization will expires should file the necessary application or petition early enough to ensure that they maintain continuous employment authorization or valid employment authorization documents.
Just as with initial I-9 verification, employees whose Forms I-9 require reverification must be allowed to choose which document (or combination of documents) they wish to present for reverification. Employers who require employees to present specific documentation for reverification purposes could be at risk for a discrimination charge.
If an employee cannot provide proof of current employment authorization on or before the date that his or her temporary work authorization expires, an employer cannot continue to employ him or her. Of course, the employer could always rehire the employee when he or she obtains proper documentation.
When a remote employee's documentation needs reverification, the employer may use a representative who can examine the employee's documentation in person. The employer should use whatever means necessary to transfer and retrieve the remote employee's original Form I-9 for updating and storage.