I-9 reverification is the required process for confirming that an employee with temporary work authorization remains eligible to work after their current authorization expires, documented in Supplement B of Form I-9.
An employee’s Employment Authorization Document (EAD) is set to expire in six weeks. Employers must act before the expiration date to avoid compliance gaps, but they must also avoid overstepping into discrimination or document abuse.
When reverification is required
Reverification applies when temporary work authorization reaches its end date, most often with an EAD. It must be completed by the expiration date. Certain EAD categories receive automatic extensions when renewal applications are filed timely; employers should verify current extension rules before acting on a printed card date. Reverification may also apply during timely rehires when prior authorization has lapsed.
When reverification is prohibited
U.S. citizens and lawful permanent residents are never subject to reverification. A green card’s expiration date does not affect work authorization. Employers may not dictate which document an employee must present or reverify expiring List B identity documents such as driver’s licenses. Over-reverifying can violate anti-discrimination provisions of the Immigration and Nationality Act.
Correct handling steps
- Track expiration dates in advance.
- Provide reasonable notice to the employee.
- Allow the employee to choose an acceptable document from the Lists of Acceptable Documents.
- Complete Supplement B on or before the expiration date.
- Retain the Form I-9 for the required period.
Recent policy changes affecting Temporary Protected Status and certain visa categories have increased the number of fixed expiration dates, making reliable tracking systems essential. For complex cases involving pending extensions or ambiguous documents, consult counsel or conduct a structured I-9 audit.
This is general information, not legal advice. Individual circumstances vary.