Human Resources professionals juggle a long list of responsibilities from recruiting and onboarding to benefits management and legal compliance, the list goes on. One critical, and often overlooked, piece that relates to compliance is Form I-9 reverification. Though only a few reverifications might be required per year, failing to properly complete reverification can lead to fines, and even legal trouble.
Let’s unpack what Form I-9 reverification is, who it applies to, and how HR teams can manage it confidently and efficiently. Here’s three key takeaways you’ll learn in this article:
Form I-9 is the official federal document used to verify the identity and employment eligibility of anyone hired in the U.S. All employers, regardless of size or industry, are required to complete a Form I-9 for each new hire and for employees hired after November 6, 1986, in the U.S.
But here’s the catch: not all work authorizations are permanent. This is where I-9 reverification comes into play and things can get tricky without the right process in place. Form I-9 reverification is the process of updating Supplement B of the Form I-9 when an employee’s temporary work authorization is nearing expiration.
Why is this crucial? Ensuring that employment eligibility remains valid throughout an employee's tenure helps you avoid legal complications and penalties for non-compliance. There cannot be any lapse in employment eligibility. Reverification supports ongoing compliance with the Immigration Reform and Control Act (IRCA) and helps employers avoid penalties that can range from hundreds to thousands of dollars per violation. It also confirms up-to-date documentation, which is required during internal audits or ICE inspections.
Simply put, Form I-9 reverification is the process of revalidating an employee’s eligibility to work in the U.S. before their current authorization expires. This is done using Supplement B of the original Form I-9, formerly Section 3.
Employers are legally required to reverify certain employees to make sure that they continue to be authorized to work. Speaking of rehires and reverifications, it’s important to distinguish reverification from rehiring.
The legal basis for this process is grounded in IRCA, which is enforced by the U.S. Department of Homeland Security (DHS).
Not everyone needs Form I-9 reverification. But those who do typically fall into one of the following categories:
On the flip side, you should not reverify:
Mistakenly re-verifying the groups listed above is not only unnecessary but could also raise red flags in an audit.
Timing is everything when it comes to Form I-9 reverification. Reverification must be completed no later than the date the current work authorization expires. Letting that date expire could mean the employee is working illegally, putting your organization at significant risk for noncompliance.
To stay ahead of the curve, HR professionals should develop a proactive scheduling system. Best practice is to set automated alerts to the employee, to the employee’s manager and to the HR team responsible for processing the reverifications for:
This not only gives you and the employee plenty of time to gather the required documents but also creates a paper trail that shows due diligence in case of an audit.
Completing the Form I-9 reverification form isn’t overly complicated, but it does require accuracy and attention to detail. Here’s a step-by-step guide:
Don’t forget to provide the employee with advance notice to allow time to present updated documentation. A lack of cooperation on the employee's part should be documented, and the organization may need to consider termination if work authorization cannot be verified by the deadline.
Even seasoned HR professionals can stumble when it comes to Form I-9 reverification. Here are some common pitfalls:
Avoiding these errors not only protects your organization from compliance issues but also saves time in the long run.
Managing Form I-9 reverification doesn’t have to be a headache. With the right systems in place, it can be a smooth and straightforward process. Here are some tips:
Remember, reverification affects only a fraction of your workforce but mishandling it can have severe consequences.
Form I-9 reverification may seem like a small and infrequent task, but it plays a critical role in maintaining legal compliance and protecting your organization. While it only applies to employees with temporary work authorization, staying ahead of reverification deadlines is required to avoid costly penalties and interruptions in employment.
For HR, being proactive is your best defense. Whether it’s setting reminders, training your team, or running internal audits, small steps can make a big difference.
Don’t let reverification slip through the cracks, treat it as a vital piece of your overall compliance strategy. At the end of the day, peace of mind for you and your employees starts with a solid, well-managed Form I-9 process.
Contact one of our consultants today with any questions you may have. Have additional questions about Form I-9 compliance? Join HR Gumbo City, our vibrant Slack community where HR professionals can gather to share ideas and get answers to questions.