Form I-9 Frequently Asked Questions - Part 3

Jennifer Gladstone

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All employers are required to complete and store a Form I-9 for each new employee hired to work in the United States. Although this Employment Eligibility Verification Form is mandated and enforced by the federal government, it remains the responsibility of the employer to ensure that the entire Form I-9 is properly completed and signed within 3 business days of the first day of work.  

Despite the form appearing simple on its face, our partners at I-9 Advantage tell us they receive countless questions about the Form I-9 and the rules surrounding its completion. The Screening News Network sat down with Corporate Immigration Counsel, Sathab Abbo, to shed some light on the questions they hear most.

Here is the conclusion of our 3-part I-9 FAQ discussion:

 

JG: If an employee's Employment Authorization Document (EAD) expires and they get it renewed, but only have the receipt, what should the employer do?

SA: In this case, the USCIS receipt notice is not an acceptable receipt for Form I-9 purposes. An employee with temporary employment authorization and holding an Employment Authorization Document (Form I-766) should apply for a new card at least 90 days before the expiration of his or her current document. When your employee’s current Employment Authorization Document (Form I-766) expires, he or she must be able to present a List A document, a List C document, or an acceptable receipt under the receipt rule to satisfy Form I-9 reverification requirements.

An exception for accepting an expired EAD includes auto-extensions for TPS beneficiaries.

 

JG: Which documents need to be re-verified for Section 3 of the I-9?

SA: The only documents that require reverification in Section 3 are work authorization documents that will expire. Section 3 includes a complete list of scenarios that would require an employer to reverify an employee’s work authorization. They include:

  • Your employee’s employment authorization or documentation of employment authorization has expired (“reverification”).
  • Your employee is rehired within three years of the date that Form I-9 was originally completed.
  • Your employee changes his or her name.

 

JG: How long are employers required to keep records of an employee’s Form I-9?

SA: An employer is required to keep a completed Form I-9 as long as the individual is on the company’s payroll. Once the employee leaves the company, employers must retain original I-9 forms for three years after the date of hire, or one year after the date employment ends, whichever is later.

 

 

See Part 1 of the I-9 FAQ discussion here.

See Part 2 of the I-9 FAQ discussion here.

For even more I-9 information, be sure to download our webinar recording with Sathab:

Form I-9 Common Errors Webinar Download

Form I-9 E-Verify

Jennifer Gladstone

Posted By: Jennifer Gladstone

Jennifer Gladstone is a news anchor and journalist with more than 20 years of experience in front of the camera. She's worked in several markets, large and small, and has performed nearly every task needed in a newsroom. As EBI’s Screening News Editor, she keeps EBI’s customers and blog subscribers up to date on the latest screening news and legislative alerts affecting companies of all sizes.

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