Section 3 of Form I-9 requires employers to confirm whether you are authorized to work in the United States. If you do not provide evidence of current authorization, you could face penalties including fines and criminal charges. You must complete section 3 when your employment authorization expires or document your reauthorization. This includes renewals, extensions, and changes in status.
If you hire someone without verifying employment eligibility, you may be subject to civil money penalty liability under the Immigration Reform and Control Act of 1986 (IRCA). IRCA imposes civil monetary penalties against employers who knowingly employ unauthorized aliens. These penalties range from $250 to $7,500 per illegal alien employed.
Employers may complete Section 3 when:
Employers may complete Section 3 when:
Within three years of the date Form I-9 was originally filled out, your employee is rehired.
The name of your employee has changed legally.
The Employee Info from Section 1 area at the top of Section 2 requires you to enter your last name, first name, and middle initial when filling out Section 3.
When your employee’s employment authorization, or, in most cases employment authorization documentation (see above for more information), expires, you must revert to ensure your employee is authorized to work. Reverification occurs when you check whether your employee is authorized to continue working in the United States. This process ensures that your employee continues to meet eligibility requirements for employment authorization.
To find out if your employee is authorized to remain in the United States, look in Section 1 of EAP-1 for the date that employment authority expired and in Section 2 of EAP-2 for the date that the employer’s employment authorization document expired.
The earlier date must be used for determining when reverification is necessary; however, we recommend that you remind your employee, at least 90 days prior to the date reverification is due, that he or she will be required to provide proof of continuing employment authorization on the date his or her employment authorization or documentation expires.
If your employee has a Form G-11, Request for Evidence of Status, pending with USCIS and the request has been pending for 75 calendar days, your employee may call the USCIS Contact Center at 800-375-5283.
Employers should not reverify:
U.S. citizens and lawful permanent resident aliens who present a Form I-551 or a receipt for a valid visa petition filed under section 203(b)(5) of the Immigration and Nationality Act (INA) are exempt from reverification. These include conditional residents, and those whose employment authorization expired due to circumstances beyond their control. Reverification is required for employees who do not meet one of these exemptions.
However, employers should still verify the validity of the documents presented by their employees. If the documents presented are not valid, the employer must terminate the employee immediately. Employers should not revert to the previous status quo because it could cause confusion among employees about whether they are authorized to work.
To complete Section 3, you must:
Examine the unexpired documents.
If you find something suspicious about the document, contact the List of Acceptable Documents. Allow your employee to provide additional information to support his/her claim.
Record the document title, document numbers and expiration dates, if any.
Sign and date Section 3. If you previously completed Section 2 or Section 3, or if you are completing a new Form I- 9 for a different position, you must use the most recent version of the Form I-9. You cannot use a prior version of the Form I -9 unless you have already verified your employee under another section of the Form I- 9.
If you rehire your employee, you must provide him/her with a copy of his/her Form I-9. You must also verify whether he/she has been employed under another employer since completing the prior Form I-9. If you do not know, you must request verification from the former employer.
You are required to retain records related to the Form I-9 for three years following the completion of the form.
To complete Section 3 for rehires, you must:
Confirm that the original Form ETA/I-9 relates to your foreign national employee.
Review the original Form I- 9 to determine if your employee’s employment authorization documentation presented in section 2 (list A or list C) has since expired.
Use the guidelines to determine if reverification applies.
If your employee is still authorized and his or her employment documentation is still valid, record the date of the rehire in the space provided in section 3.
If your employee’s status changes and he or she is no longer authorized to perform work or the employment authorization documents are invalid, request that the employee provide an unexpired List A, List B, or List C document. You cannot revert to a previous version of the form.
Do not revert to a previous version if the employee’s identity document is listed under section 2 (List B), because it does not relate to him or her.
Entering Dates in Section 3
Section 3 requires employers to attest that they are complying with federal immigration laws. This section must be completed every time an employer hires a new worker or rehires an existing one. Employers must provide documentation showing that the person being hired is authorized to work in the United States and that the person is eligible to work based on his or her current status.
The law requires employers to verify the identity and eligibility of newly hired employees within three days of hiring them. In addition, employers must verify the identity and eligibility status of each employee who has been employed for at least 90 days. Reverifying an employee does not mean that the individual is no longer authorized to work; it simply means that the employer needs to confirm whether he or she still meets the requirements to remain lawfully present in the United States.
Employers must submit an affidavit attesting to compliance with the law within five days of the end of the calendar month following the month in which the event occurred. For example, if an employer hires someone on January 31, the employer must file the affidavit by February 28.
If an employer wants to hire a new employee on April 30, the employer must file an affidavit by May 29. However, if the employer hires an employee on June 30, the employer must wait until July 31 to file the affidavit.
Employers must include the name, address, and Social Security number of the employee in the affidavit. They cannot use the same information used to verify the employee’s identity during the initial hiring process.
Recording Changes of Name and Other Identity Information for Current Employees
You are not required to update your Form I-9 when an employee legally changes his or her name. However, it is recommended you maintain correct information on the form and note any name changes.
Although Form I-9 regulations don’t require employees to present documentation showing that they’ve changed their names, you should take steps reasonably assure yourself of your employee’s identity, if there has been a name change. Such a change may call your ability to rely on the previous documents your employee submitted, as they reasonably relate him or herself.
These steps may include asking the individual to provide documentation of a name change to keep with his or form I-9, so your actions are documented if the government asks to review this employee’s forms I-9.
You may encounter situations other than legal name changes where an employee informs you he or she is no longer the same person as the time Form I- 9 was previously completed.
In such cases, you may want to consider whether the employee’s current identity matches the one used to complete Form I-9. For example, if an employee presents a passport with a different photo than the one used to complete the form, you may wish to verify the identity of the individual presenting the document.