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Expired documents and the I-9 form — E-Verify

This chapter addresses the use of documents containing expiration dates when completing an I-9 form, explaining when documents with expiration dates must be reverified and the I-9 form updated. In addition, this chapter addresses the circumstances under which a receipt for an application for a document verifying employment eligibility may be used on a temporary basis when completing the I-9 form.

Documents with expiration dates

Several documents acceptable for use on the I-9 contain expiration dates, including passports, driver’s licenses, permanent resident cards (I-551), and employment authorization documents (EADs), such as the form I-766.  If a document is expired at the time that the Form I-9 is being completed, then the document is not acceptable.  Some of the documents that expire after the employee is hired must be reverified upon expiration, while others do not. Whether or not the document must be reverified depends largely on whether the employee’s eligibility to work in the United States expires when the document expires.

It is slightly misleading to speak of “reverifying documents,” because it is technically an employee’s eligibility for employment in the United States that the employer is verifying, not the document establishing the...


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