HR Question of the Week – June 15, 2015

Question:

Are we required to update I-9 forms when the documentation that was used expires?

Answer:

Some, but not all, documents used for the I-9 will need to be reverified upon expiration. Specifically, employees with temporary work authorizations will need to have their eligibility to work in the United States reverified.

Employees with temporary work authorizations must indicate their employment authorization expiration date under Section 1 of the I-9 form, and employers will need to reverify employment eligibility on or before that expiration date by completing either Section 3 of the I-9 form or by completing a new I-9 form. If the employment authorization expiration date provided by your employee in Section 1 does not match the document expiration date recorded by you under List A or List C in Section 2, the earlier date should be used to determine when reverification is necessary.

If this process is not completed by the expiration date, the employee must not continue to work and should be put on leave of absence or terminated, in accordance with company policy. We recommend letting employees know at least 90 days ahead of time that they will need to provide documentation for reverification.

Some documents will not need reverification upon expiration. Employers should not reverify:

U.S. citizens
Lawful permanent residents (LPRs) who presented a Permanent Resident Card (Form I-551) for Section 2
List B documents (e.g. driver’s license)

Note that you are not required to update Form I-9 when an employee changes his or her name (e.g. when getting married or divorced) and Form I-9 regulations do not require that an employee present you with documentation to show that the employee has changed his or her name. Nonetheless, USCIS recommends that you maintain correct information on Form I-9 and note any name changes in Section 3. Additionally, it is a best practice to require the employee to show documentation that they have legally changed their name and made the change with the Social Security Administration prior to making any name changes in your HR or Payroll systems. The safest way to do this is to ask the employee to present his or her new Social Security Card. This proactively avoids the potential for social security “no match” letters.

Federal contractors who are subject to the FAR E-Verify clause and who choose to verify existing employees by updating existing Forms I-9 must follow special rules pertaining to when they are required to complete new Forms I-9. Under this option, a new Form I-9 must be completed when an employee changes his or her name.

Source: HR Support Center | Copyright © 2017 AdvaPay Systems, LLC