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7 mins read | Oct 23, 2026
Form I-9 reverification is the step where an employer confirms that an employee whose work authorization carried an end date is still authorized to work. The rule runs in two directions, and both directions get missed. Some documents have to be reverified by the day they expire, and others must never be reverified at all. Asking a lawful permanent resident for a replacement card when the old one expires is itself a violation, which is why over-documentation carries its own risk. The audit-readiness overview, with retention and penalties, sits in our guide to Form I-9 compliance.
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What is Form I-9 reverification?
Form I-9 reverification is the point at which an employer confirms that an employee still has employment authorization, after the authorization or the document proving it reaches its expiration date. The employer records the new document in Supplement B of the employee's existing form. Section 1 and Section 2 of the original stay untouched, since reverification updates the record instead of replacing it. Reverification covers permission to work. Identity documents sit outside it, and so does any document that proves a status with no end date. The current form carries a 01/20/25 edition date and expires 05/31/2027, and employers may also use the 08/01/23 edition that shows the same 05/31/2027 expiration. Both editions are current as of October 2026, so confirm the version on the USCIS Form I-9 page before you print a batch.
Which documents require Form I-9 reverification, and which never do?
Employment authorization that carries an end date requires reverification, while documents that prove identity or permanent status never do. The split below is the whole rule, and it is the part worth pinning inside an internal process document.
| Reverify when the authorization or document expires | Never reverify when the document expires |
|---|---|
| Form I-766, Employment Authorization Document (EAD), when the authorization period on the card ends | Form I-551, Permanent Resident Card (green card), including a conditional resident card |
| A List A or List C document showing employment authorization that ends on a stated date | A U.S. passport or U.S. passport card |
| Employment authorization tied to a status with a fixed end date, once that date arrives | A List B identity document, such as a driver's license or a state ID card |
| An employee rehired after their prior authorization has already lapsed | Any document presented by a U.S. citizen or a noncitizen national |
| An unexpired document voluntarily presented with a new, later end date | Form I-766 with category code (c)(37), while the card itself is unexpired |
USCIS states the exclusions directly in the M-274 Handbook for Employers: reverification is never required for U.S. citizens or noncitizen nationals, and never required when a passport, a passport card, a Permanent Resident Card or a List B document expires.
When does an expiring List A or List C document trigger reverification?
An expiring document triggers reverification when that document is the proof of employment authorization and the authorization itself ends on that date. Reverification happens no later than the date the authorization expires, so the date on the card sets the deadline rather than a payroll cycle or a review meeting. The employee presents an unexpired List A or List C document. The employer records the title, document number and expiration date in Supplement B, then signs and dates the block. Some employees enter N/A in the Section 1 expiration field because their employment authorization has no end date, and those employees stay outside reverification entirely. Two dates are easy to mix up. The authorization end date governs, and an I-94 record or an approval notice can carry a different date than the card in the employee's hand. Our explainer on what the I-94 form shows is worth a look before you set a reminder.
Do I reverify a permanent resident when their green card expires?
No. A permanent resident card expiring does not trigger reverification, because permanent residence has no end date and the card is only evidence of a status the employee already holds. Requesting a replacement card is the single most common reverification error, and it counts as asking for a document the law does not allow an employer to require. The request almost always comes from a good place. An HR generalist sees an expiration date in a personnel file, wants the file to be clean before an audit, and asks for the newer card. That expiration field does not create an obligation, and leaving it alone is the compliant answer.
Get a legal read on the document in front of youTukki's immigration attorneys answer HR's Form I-9 and work authorization questions directly.
What do I do when an employee's EAD expires?
Check whether an automatic extension applies before you ask for anything, because the answer turns on when the renewal was filed. DHS removed the automatic extension of employment authorization for renewal applications filed on or after October 30, 2025. Renewals timely filed before that date can still carry an extension of up to 540 days from the card's expiration date. That applies to a defined list of categories. Categories that qualify for the up-to-540-day extension include A03, A05, A07, A08, A10, A12, C08, C09, C10, C16, C19, C20, C22, C24 and C31. Added limits apply to A17, A18 and C26. A narrow carve-out also survives for Temporary Protected Status categories A12 and C19 when a Federal Register notice extends them. Separate mechanisms live outside this rule, including the STEM OPT extension and F-1 cap-gap work authorization. Here is the order to work through when a card is approaching its end date:
- Read the category code and the "Card Expires" date printed on the employee's Form I-766.
- Ask the employee whether a renewal Form I-765 was filed, and on what date it was received.
- Check the Received Date on the Form I-797C receipt notice against the expiration date on the card.
- Confirm the category on the Form I-797C matches the category printed on the Form I-766.
- Record the card and the receipt notice together in Supplement B if an extension applies.
- Reverify with an unexpired List A or List C document by the expiration date if no extension applies. Whether a specific employee sits inside one of these categories turns on the facts of their filing, so get the receipt notice reviewed rather than reading the card alone. These rules are current as of October 2026, and USCIS keeps the operative guidance in section 5.0 of the M-274, so check it before you act on a case.
Can I ask for a specific List A or List C document?
No. The employee chooses which documentation to present from the Lists of Acceptable Documents, and an employer cannot specify which document that will be. Once the document reasonably appears to be genuine and to relate to the person presenting it, the employer accepts it and records it. Three well-meant versions of this come up constantly. One is asking a visa holder for their Form I-797 approval notice. Another is asking for a passport "to be safe". A third is asking for a List B and a List C document after a List A document was already presented. Each one asks for more or different documents than the lists require. Writing the rule down helps, because a documented standard keeps the answer consistent across managers and locations. If your company is building that standard, our piece on a written company immigration policy covers where document rules belong. The employer obligations that come with sponsoring a foreign worker set out what sits alongside them.
When does asking for documents become discrimination?
A document request becomes unlawful when it asks for more documents than the lists require, or asks for different or specific documents. It is also unlawful to reject documents that reasonably appear genuine, or to apply either pattern only to some employees. The conduct is what gets measured, and a good-faith motive does not resolve a charge once a pattern is on the record.
What counts as unfair documentary practices
Unfair documentary practices, known for years as document abuse, is the statutory label for the four patterns above when they turn on citizenship status or national origin. The standard asks whether documents were requested for the purpose of discriminating, and that purpose gets inferred from what an employer did rather than from what an employer meant. Asking only foreign-born employees for extra proof is the clearest example.
Where I-9 discrimination claims come from
An I-9 discrimination claim is filed with the Immigrant and Employee Rights Section. That unit sits inside the Department of Justice Civil Rights Division and enforces section 274B of the Immigration and Nationality Act, codified at 8 U.S.C. 1324b. Penalties for unfair documentary practices currently run from $236 to $2,364 for each individual, and paperwork violations run from $288 to $2,861 per individual. Both figures hold the 2025 levels, since no cost-of-living adjustment was issued for 2026.
Do I complete a new Form I-9 when someone is rehired?
Either option works when the rehire happens within three years of the date the original form was completed. An employer may use Supplement B of the existing record instead of starting a new form. Record the rehire date in that block. If the earlier record is an outdated edition, complete the new block in Supplement B on the current version. Beyond that three-year window, the rehire gets a new Form I-9. The three-day rule applies again, so Section 2 is completed within three business days of the first day of employment. Where the employee's authorization lapsed during the gap, the reverification and the rehire entry happen together. Our onboarding checklist for international employees covers the new-hire sequence around that.
What about a name change, or a change in immigration status?
Updating the record for a legal name change is recommended rather than required, and the employer notes the change in Supplement B and keeps documentation of it in the file. Nothing about a name change affects employment authorization, so no new List A or List C document is requested on that basis. A change in immigration status does not create a reverification obligation on its own either. The trigger stays the same: the authorization or the document proving it reaches an end date. An employee who becomes a permanent resident or a citizen is outside reverification from that point, and an employer does not ask for proof of the change. Where an employee volunteers a new document, the employer may record it. Status changes often sit inside a sponsorship timeline, where the sequence matters for planning more than for the form. Our guide on how to sponsor a foreign worker walks through how those steps line up.
Is E-Verify rerun at reverification?
No. Employers do not create a new E-Verify case for a reverification, and the record is updated in Supplement B instead. Rehires are handled under their own E-Verify rules, which our post on E-Verify for employers sets out along with tentative nonconfirmations and enrollment. One E-Verify feature does reach reverification. Employers enrolled in E-Verify and in good standing may use the DHS alternative procedure for remote verification of documents at qualifying hiring sites. That includes a reverification, and the box for it gets checked in Supplement B. An employer may also designate an authorized representative to complete the form on its behalf, and the employer stays liable for what that person records.
Compare work visa options for your teamSee how requirements and work authorization differ across U.S. visa categories.
What does an I-9 audit look for in reverification records?
An I-9 audit reads the Supplement B blocks for timing and for entries that should not exist at all. Reviewers check whether reverification was recorded by the authorization end date, and whether the document title, number and expiration date are complete. They also check whether any block reverifies a document that never required it. Two procedural facts frame the exercise. A Notice of Inspection gives an employer at least three business days to produce the requested forms. The retention rule keeps each completed form for three years from the date of hire, or one year after employment ends, whichever is later. ICE also allows at least 10 business days to correct technical or procedural failures before they become substantive violations. Its Form I-9 inspection fact sheet sets out that sequence. The wider audit picture, including penalty tiers and internal audit sequencing, sits in our Form I-9 compliance guide.
How does Tukki handle Form I-9 reverification for HR teams?
Our attorneys answer the document question while you are holding the form, which keeps a reverification call out of the guess-and-find-out-at-audit pattern. Send the card, the receipt notice and the hire date, and you get the rule that applies and what to write in Supplement B. Tukki works with employers and their employees on work visas and green cards in the United States. The team files H-1B specialty occupation petitions, O-1A extraordinary ability cases, and EB-1A and EB-2 National Interest Waiver petitions. HR teams get dedicated attorney support and full visibility into every case in the portfolio.