One of the rules applicable to I-9 acceptable documents is that the document must be valid on the day of the form I-9 execution. Most documents presented do not need to be re-verified after the I-9 is completed as long as they were valid on the day of presentation. For example, if a lawful permanent resident card (commonly referred to as "green card") expires after the I-9 is executed, it does not need to be reverified when it expires.
However, I-9 Administrators must remember to reverify several I-9 documents before they expire by recording new documents presented in Section 3 of the I-9 or executing a new additional Form I-9. For example, while the "green card" does not need to be reverified, temporary evidence of the permanent resident alien status such as I-551 stamp or a machine-readable Immigrant Visa with a I-551 notation, must be reverified before they expire. I-9 administrators must remember that they cannot require a specific document, such as a new green card, to re-verify the expiring green card. Instead, they should remember to accept either a List A document or a combination of List B and C documents.
List of Documents to Be Reverified Before They Expire:
List A Documents
Temporary Evidence of Lawful Permanent Residence in the form of I-551 Stamp in a Foreign Passport
Temporary Evidence of Lawful Permanent Residence in the form of a machine-readable Immigrant Visa with a I-551 Notation
Employment Authorization Document Form I-776
Foreign Passport with I-94 Showing Status Allowing Work for the Employer
List C Documents
I-20 with CPT notation (for students)
DS 2019 (for J exchange visitors)
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Mira Mdivani, Business Immigration Attorney
MDIVANI CORPORATE IMMIGRATION LAW FIRM
7007 College Blvd., # 460, Overland Park, KS 66211 USA
NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to your situation
The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.