The Form I-9, issued by the U.S. Citizenship and Immigration Services (USCIS), is a crucial document used by employers to verify the identity and employment eligibility of individuals hired for work in the United States. Ensuring compliance with Form I-9 requirements is essential for both employers and employees, as it establishes legal authorization to work in the country. One important aspect of Form I-9 compliance is reverification, which involves updating and revalidating certain information provided initially during the hiring process. Here’s a detailed look at who needs to undergo reverification for Form I-9 and the reasons behind it.
What is Form I-9 Reverification?
Definition and Purpose: Form I-9 reverification is the process by which employers update and revalidate the employment authorization of employees who are required to maintain ongoing work eligibility. This process typically occurs when the initial work authorization documentation provided by an employee expires or needs to be reconfirmed under specific circumstances.
Key Scenarios for Reverifying Form I-9:
- Expiration of Employment Authorization: Certain work authorization documents provided by employees, such as employment authorization cards (EADs), visas, or other forms of work permits, have expiration dates. Employers must reverify an employee’s employment authorization before the expiration date listed on the document.
- Change in Employment Authorization: If an employee’s work authorization status changes, such as obtaining a new visa category or extending their work permit, employers may need to update and reverify the Form I-9 to reflect the new information and ensure ongoing compliance.
- Automatic Extensions: Some work authorization categories may receive automatic extensions or grace periods beyond the expiration date listed on the document. Employers must stay informed about these extensions and adjust the Form I-9 reverification accordingly.
Who Needs to Undergo Form I-9 Reverification?
Employees with Expiring Work Authorization: Employees who presented work authorization documents during the initial Form I-9 process that have expiration dates must undergo reverification before the document’s expiration. This ensures that employees maintain continuous eligibility to work in the United States and that employers remain compliant with federal immigration laws.
How Employers Should Conduct Form I-9 Reverification:
- Notification: Employers should notify employees whose work authorization documents are approaching expiration and inform them of the need for reverification.
- Document Review: During reverification, employers must examine the new work authorization document or updated information provided by the employee. This includes ensuring that the document is valid and reviewing any changes to the employee’s status or employment eligibility.
- Completing Section 3 of Form I-9: Employers complete Section 3 of the Form I-9 to record the reverification process, including the date of reverification, any updated information, and the document number and expiration date of the new work authorization document.
Compliance and Legal Considerations
Penalties for Non-Compliance: Failure to properly conduct Form I-9 reverification or maintain accurate records can lead to severe penalties for employers, including fines and legal liabilities. It is crucial for employers to stay informed about immigration laws and regulations governing employment verification and to implement robust compliance procedures.
Employee Responsibilities: Employees are responsible for providing updated and valid work authorization documents to their employers before the expiration date of their current documents. This ensures smooth reverification processes and avoids interruptions in employment eligibility.
Form I-9 reverification is a vital aspect of maintaining compliance with U.S. immigration laws and ensuring that individuals employed in the United States have ongoing authorization to work. By understanding who needs to undergo reverification and the reasons behind it, employers can effectively manage employment eligibility verification processes, mitigate compliance risks, and maintain productive and lawful workplaces. Staying informed about Form I-9 requirements and implementing proactive reverification procedures is essential for both employers and employees to uphold legal standards and promote a harmonious work environment.