I-9 Reverification: Tracking Work Authorization Expiry

In the United States, the work authorization expiry follow-up is called reverification: before an employee's temporary work authorization ends, the employer must complete Section 3 of Form I-9 on or before the expiration date. An employer who lets the date pass and keeps the employee on payroll risks being treated as knowingly continuing to employ an unauthorized worker, even if the original I-9 was flawless.

This article covers the US position as of October 2026. It describes what a follow-up check compares: dates, document types and employer records. It does not claim that a check proves a document is genuine.

When does an employer have to reverify work authorization?

Reverification is required only when the employee's authorization has an expiration date, and it must be done no later than that date. The USCIS Handbook for Employers (M-274) explains that Section 3 is completed when an employee's employment authorization or document expires.

Section 3 reverification must be completed no later than the date the employee's employment authorization expires, per 8 CFR 274a.2(b)(1)(vii). Do not reverify US citizens or permanent residents, and do not ask for a specific document. The employee chooses from the Lists of Acceptable Documents.

What changed with EAD automatic extensions?

DHS ended the automatic extension of Employment Authorization Documents for most renewal applications filed on or after October 30, 2025. Before that date, a timely renewal could extend an EAD for up to 540 days. For renewals filed on or after the cutoff, employers can no longer rely on a pending renewal receipt to extend authorization beyond the printed date, with limited exceptions such as certain Temporary Protected Status extensions published in the Federal Register.

The consequence for tracking: the filing date of the renewal now matters. An employee whose renewal was filed on or before October 29, 2025 may still be covered by the older rule, while one filed afterward is not. Check the USCIS Form I-9 page and confirm current status with counsel, because litigation over the rule has been expected.

How do you complete Section 3 step by step?

You complete Section 3 by examining a new unexpired document from the employee, recording it, signing and dating. Employees do not have to present the same document type as before.

1. Build a list of every employee with an expiration date on Form I-9 in the next 90 days.
2. Notify the employee in writing 90 and 60 days before, using the same message for everyone with an expiring document.
3. Examine the new unexpired document in the employee's presence, or through the remote procedure if you are an E-Verify employer in good standing.
4. Complete Section 3 with the new document title, number and expiration date, then sign and date.
5. Keep Section 3 attached to the original I-9.
6. Diary the next expiration.

Do not wait for the employee to bring it up. Many do not realize the employer carries the liability, and some fear raising a delayed renewal.

What does a missed reverification cost?

Civil penalties for knowingly hiring or continuing to employ an unauthorized worker run per worker and are adjusted annually for inflation. ICE publishes the current amounts for paperwork violations and for knowing violations; the figures for knowingly hiring or continuing to employ a worker begin in the high hundreds of dollars and run into the thousands for later offenses, and paperwork errors are penalized separately. Criminal penalties apply to a pattern or practice of knowing violations under INA section 274A.

Reverification mistakes cut both ways. Demanding extra documents or reverifying workers who do not need it can be unlawful document abuse under INA section 274B, enforced by the DOJ Immigrant and Employee Rights Section.

What happens when an employee cannot show a new document?

If the employee cannot present valid proof by the expiration date, the employer cannot continue to employ the person in that job. Termination or suspension questions turn on state law and contracts, so check with employment counsel first. Some states add rules: California Labor Code section 1019 restricts retaliation tied to immigration status, and section 90.2 sets notice duties around federal inspections.

What do HR teams and staffing firms ask about this?

"The EAD expired but the employee says they filed to renew. Can they keep working?" Only if the specific facts fit a rule that still extends the document, such as a pre-October 30, 2025 filing or a qualifying TPS extension. A receipt notice alone is not enough for new filings.

"Do I reverify everyone every year?" No. Only employees whose authorization expires, on or before the expiration date.

"Who reverifies for temp workers?" The staffing firm, as the employer of record. Our guide on work permit checks for temporary workers covers the initial step, though it is written for the UK.

Keeping the file consistent

Most problems are mismatches, not forgeries: a name spelled differently on the EAD and the bank form, a date of birth in the wrong order on the I-9, an A-Number copied with one digit wrong. Our platform compares the same field, such as full legal name and date of birth, against every document in the file at once, so a reviewer sees which field differs instead of re-reading each page.

For expiry, the check flags documents whose end date falls inside a chosen window, so the reverification list builds itself. For broader duties, read the employer right to work compliance guide and the industry verification pillar guide. Retain I-9s for three years after hire or one year after employment ends, whichever is later, as 8 CFR 274a.2(b)(2) requires, and limit access to the forms.

Reverification checklist

• One expiration field per employee, taken from the I-9
• Reminders at 90, 60 and 14 days
• Same written notice for every employee
• Section 3 completed on or before the expiration date
• Renewal filing date recorded for EAD holders
• A suspension step reviewed by counsel

Staffing firms and HR teams tracking many time-limited authorizations can use CheckFile's temporary staffing solution to validate completeness, expiry dates and cross-document consistency in one pass. Our security page explains data handling and pricing lists volume plans.

This article is general information, not legal advice. Rules change; confirm current requirements with USCIS or immigration counsel. Reviewed by the CheckFile editorial team, October 12, 2026.

Frequently Asked Questions

Is reverification the same as a new I-9?

No. Reverification is Section 3 of the existing form, completed when authorization expires. A new I-9 is only needed in specific cases, such as a break in employment.

Does a Green Card expiration require reverification?

No. A permanent resident's card has an expiration date, but the authorization to work does not. Do not reverify.

Can an E-Verify employer reverify remotely?

E-Verify employers in good standing may use the alternative remote document examination procedure. Check the current DHS guidance before relying on it.

What if the employee changes names?

Record the change in Section 3 or on a separate sheet, and compare the new name with the document presented.

How long do I keep the I-9?

Three years after the hire date or one year after employment ends, whichever is later.