Employers may complete Section 3 when:
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An employee’s employment authorization or documentation of employment authorization has expired.
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An employee is rehired within three years of the date that Form I-9 was originally completed.
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An employee changes his or her name.
Reverification
When an employee’s employment authorization or employment authorization documentation (in most cases) expires, an employer must reverify that the employee is still authorized to work.
The employment authorization expiration date provided by the employee in Section 1 may not match with the document expiration date recorded by the employer in Section 2. For reverification purposes, the earlier date should be used to determine when reverification is necessary.
We suggest that employers remind employees, at least 90 days before the date reverification is required, that the employees will be required to present a List A or List C document showing continued employment authorization on the date that their employment authorization or documentation expires. If the employee has a Form I-765, Application for Employment Authorization, pending with USCIS, and the application has been pending for 75 days, the employee may call the National Customer Service Center or schedule an INFOPASS appointment at a local office to request expedited processing.
Employers should not reverify:
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U.S.citizens
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Lawful permanent residents(LPRs) who presented a Permanent Resident Card (Form I-551) for Section 2
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List B documents
Unless reverification does not apply (as stated above), when an employee’s employment authorization or employment authorization documentation expires the employee must present unexpired documentation from either List A or List C showing he or she is still authorized to work.
To complete Section 3, the employer must:
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Examine the documentation to determine if it appears to be genuine and to relate to the employee presenting it. If the employer rejects the documentation, the employer should allow the employee to present other documentation from List A or List C.
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Record the document title, document number and expiration date, if any.
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Sign and date Section 3.
If you previously completed Section 3, or if the version of the form you used for a previous verification is no longer valid, you must complete Section 3 of a new Form I-9 using the most current version and attach it to the previously completed Form I-9.
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Rehires
If you rehire an employee within three years of the date that a previous Form I-9 was completed, you may complete a new Form I-9 for this employee or complete Section 3 of the previously completed Form I-9.
To complete Section 3 for rehires, the employer must:
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Confirm that the original Form I-9 relates to the employee.
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Review the original Form I-9 to determine if the employee is still authorized to work, including whether employment authorization documentation presented in Section 2 (List A or List C) has since expired. Use the guidelines to determine if reverification applies.
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If the employee is still authorized to work and his or her employment authorization documentation is still valid, record the date of the rehire in the space provided in Section 3.
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If the employee is no longer authorized to work or his or her employment authorization documentation has since expired and requires reverification, request that the employee present an unexpired List A or List C document. Do not reverify an employee’s List B (identity) document. Record the document information and the date of rehire in the spaces provided in Section 3.If the current version of Form I-9 is different from the previously completed Form I-9, you must complete Section 3 on the current version.
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Sign and date Section 3.
Entering Dates in Section 3
Section 3 includes two spaces where the employer must record a date:
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The date a former employee is rehired: Enter the date the employee begins work for pay, or a future date, if necessary.
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The attestation date for Section 3: Enter the date the employer records the rehire date and/or completes the reverification portion of Section 3 and signs the attestation.
Changes in Employee’s Name
When an employee changes his or her name (for example, when an employee marries), an employer may but generally does not need to note the name change on Form I-9. However, if the employer is completing Section 3 for reverification purposes or because the employee was rehired within three years, then the employer should:
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Note the name change in Section 3 of Form I-9.
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Note the reason for the name change on the form, if the employee offers a reason for the change.
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Store any proof of the name change the employee may voluntarily give you with the form.
There is no requirement that employees show proof of a name change for the Form I-9. When reviewing List A or List C documents in the reverification process, the employer should make sure that any document presented with a new name reasonably appears to be genuine and relates to the person presenting it.
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