Compiled by the I9AuditReady Research Team · Last Updated: April 2026
I-9 Reverification: When and How to Complete Section 3 (2026)
Key Facts
- I-9 reverification using Section 3 is required when an employee's work authorization document expires — but it is never required for U.S. citizens or lawful permanent residents.
- Employers must reverify an employee's work authorization before the existing document expires — not after. Waiting until after expiration is itself an I-9 violation under 8 CFR 274a.
- U.S. citizens and lawful permanent residents (green card holders with no expiration on the card or with an I-551 stamp) are permanently exempt from reverification requirements.
- Employment Authorization Documents (EADs) issued to TPS beneficiaries, DACA recipients, H-4 spouses, and asylees typically carry expiration dates and require reverification.
- An employer who requires reverification for a U.S. citizen or permanent resident can face anti-discrimination charges under INA Section 274B.
What Is I-9 Reverification?
Reverification is the process of confirming that an employee whose work authorization document has expired is still eligible to work. It is completed in Section 3 of Form I-9. Reverification is not required for all employees — only for those whose work authorization has an expiration date. It must happen before the document expires, not after.
Who Is Exempt from Reverification?
The following employees are never subject to reverification, regardless of whether their ID documents expire: (1) U.S. citizens and non-citizen nationals; (2) lawful permanent residents who presented a Permanent Resident Card (green card) for Section 2, even if the card itself expires — USCIS regulations confirm that a permanent resident's status does not expire when the card does; (3) employees who presented a List B identity document (such as a Driver's License) — List B documents are for identity only and expiration does not trigger reverification. Requiring reverification for any of these groups is an illegal employment practice.
Who Requires Reverification?
Employees who typically require reverification include those whose work authorization document has an expiration date and whose continued employment authorization is not guaranteed indefinitely. Common examples: H-1B workers whose visa term ends; H-2A and H-2B workers at petition end; TPS beneficiaries with expiring extensions; DACA recipients with expiring EADs; J-1 exchange visitors; L-1 intracompany transferees. The key is whether the document presented in Section 2 (or the one used for prior reverification) carries an expiration date.
When to Begin the Reverification Process
Best practice is to initiate reverification at least 90 days before the document expiration date. This gives the employee time to obtain updated work authorization if needed. You cannot complete reverification before the new document is obtained, but you can notify the employee early. Create a tracking system — using your HR system, a spreadsheet, or a tool like I9AuditReady — that flags documents expiring within 90 days.
How to Complete Section 3
To reverify: (1) examine a new unexpired List A or List C document from the employee — not a List B document; (2) record the document title, document number, and expiration date in Section 3; (3) sign and date Section 3; (4) if you run out of space on the original form, use a new Section 3 on a new I-9 and attach it to the original. Note: if using an updated form edition, you may use the new form entirely for the rehire or reverification. Never alter Section 1 or Section 2 when completing a reverification.
Common Reverification Mistakes
The most frequent reverification errors include: (1) requiring reverification for permanent residents or U.S. citizens — this is an anti-discrimination violation; (2) accepting a List B document for reverification — only List A or List C documents are acceptable for Section 3; (3) completing Section 3 after the document has already expired — it should be done before expiration; (4) using the wrong form edition for the reverification; (5) failing to reverify at all because no tracking system exists.
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Frequently Asked Questions
Can I fire an employee whose work authorization has expired?
You cannot continue to knowingly employ a worker who is no longer authorized to work. If an employee's EAD or other work authorization document expires and they cannot provide a valid document for reverification, continuing their employment exposes you to "knowingly employ" violations. However, you must give the employee a reasonable opportunity to provide a new document before terminating. Always consult an attorney before terminating for immigration status reasons.
My employee's Permanent Resident Card expired. Do I need to reverify?
No. A lawful permanent resident's immigration status does not expire when their green card expires. The card is just an identity document. You should not attempt to reverify permanent residents — doing so may constitute illegal discrimination under INA Section 274B. If the employee wants to update their records, they may present a new card, but you cannot require it.
What document can an employee present for Section 3 reverification?
Only List A documents (those that establish both identity and work authorization) or List C documents (work authorization only) are acceptable for reverification. List B documents (identity only, such as a Driver's License) cannot be used for Section 3. The employee must present an unexpired, acceptable document.
Can I use E-Verify for reverification?
No. E-Verify is for new hires only and does not include a reverification function. The reverification process is handled exclusively through Section 3 of Form I-9.
What if an employee can't provide a new document before their authorization expires?
The employee has the burden of maintaining their own work authorization. If they cannot provide an acceptable document by the expiration date, you are in a difficult legal position. Consult an immigration attorney. Continuing to employ someone with expired authorization (knowing it expired) is a "continued employment" violation under INA Section 274A.
I9AuditReady provides employer compliance tools and research — not legal advice. It is not a law firm and does not create an attorney-client relationship. Always verify rules against current USCIS guidance and consult a qualified immigration attorney for your specific situation.