Does an employer need to be checking I-9 documents beyond an employee's first day of employment for any upcoming expiration date listed on the ID's provided?

September 24, 2015
Does an employer need to be checking I-9 documents beyond an employee's first day of employment for any upcoming expiration date listed on the ID's provided?

US citizens and noncitizen nationals generally don't need reverification. For other employees, you need to re-verify their documents if they expire.


According to the United States Citizenship and Immigration Services (USCIS), you don't need to reverify

  • an expired US passport
  • an Alien Registration Receipt Card/Permanent Resident Card
  • or a document from List B that has expired.

List B includes driver's license, state ID cards, voter's registration card, Native American tribal document, and other documents.

However, if an employee presented a foreign passport that contains a temporary I-551 stamp, you'll need to re-verify the authorization just prior to the stamp's expiration date in order to remain in compliance.

Under 18

If an employee is a minor (under the age of 18), they are subject to the same re-verification rules as other employees. Minors can present any of the standard List B documents, or:

  • school record or report card
  • clinic, doctor or hospital record
  • day-care or nursery school record

Additionally, a parent or legal guardian may establish identity for a minor that cannot present a List B document.

Consequences for Non-compliance

Immigrations and Customs Enforcement (ICE) may conduct an audit to ensure your company's compliance. ICE may request that you produce the following documents:

  • I-9 forms
  • payroll records or a list of all current employees
  • articles of incorporation
  • business licenses

If you knowingly employ ineligible workers, or fail to produce current and accurate documents, ICE may deem that you had knowledge that the worker wasn't eligible to work in this country, and assess a fine or pursue legal action.

Best Practices

As with any other office protocol, consistency is key. Internal procedures should include:

  • Establishing a clear I-9 compliance policy
  • Training employees responsible for I-9 compliance
  • Maintaining a notification procedure for when employment eligibility expiration dates
  • Conduct internal audits at least annually
  • Separately and securely maintaining all records

Helpful Links:

Inoculating Your Business Against an Outbreak: I-9 Compliance - How to avoid I-9 compliance issues.

Completing I-9 for Minors -

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