• You cannot refuse to accept a document with a future expiration date, or refuse to hire an individual because a document has a future expiration date.

You may use Form I-9’s Supplement B or a new Form I-9 attached to the original if Supplement B was already used for a previous reverification or update. An employee must present a document from List A or List C showing current unexpired employment authorization.

For reverification purposes, employees aren’t required to present a new version of the same document that was previously presented to satisfy section 2. Any document or combination of documents that would be acceptable to demonstrate work eligibility or authorization is suitable. An employee must be allowed to choose a List A or List C document. Receipts showing the employee has applied for an expired employment authorization document extension are not acceptable.

U.S. citizens and noncitizen nationals never need reverification. Do not reverify the following documents:

• Expired U.S. passports or passport cards;
• Expired Alien Registration Receipt Cards/Permanent Resident Cards (Form I-551 ); or
• Expired List B documents.

• You may want to create a system that reminds you when an employee’s authorization document(s) will expire. Advance warning is important so the employee can apply for and receive replacement documents in time to maintain uninterrupted employment.

Under California’s Immigrant Worker Protection Act (IWPA), California employers cannot reverify current workers’ employment eligibility in a time or manner not allowed by federal employment eligibility verification laws and could face a civil penalty of up to $10,000 for violation of the law.1 A federal district court blocked enforcement of this provision of the IWPA.2 However, federal law already prohibits unlawful reverification practices, such as reverification of unexpired documentation and those limits still apply.

Different rules for reverification apply to rehiring a former employee.

If you rehire an employee within three years from the date their Form I-9 was previously completed, you may either rely on the employee’s previously executed Form I-9 or complete a new one. If you choose to rely on a previously completed Form I-9, review the guidelines in the Form I-9 Instructions on how to complete Supplement B of the form. See also the USCIS Handbook for Employers, Guidance for Completing the Form I-9 (M-274).

Employees rehired after three years from the date the employee originally completed the Form I-9 must complete a new Form I-9.

Reinstated employees are not subject to the same employment eligibility requirements as rehired employees.3 If an employee is continuing employment and has a reasonable expectation of employment at all times, such as approved leaves of absence, reinstatement after suspension or temporary layoffs for lack of work, a hire hasn’t taken place. For more information, visit I-9 Central.

1. Lab. Code sec. 1019.2