Old Myths and New Realities: The Tender Mercies of I-9 Re-verification

by Gary Endelmanon
June 22, 2011

[Editor's note: today's blog is courtesy of Gary Endelman of Fong & Associates LLP].

Surrounding the question of I-9 re-verification are a series of time-honored myths that have guided those who seek the truth since the invention of fire lit the way out of the caves. Is the faith of our forebears as true for us as it was in years gone by? Let’s look a bit closer at the top 13 I-9 myths (feel free to make up your own list of favorites!)

Myth #1: All I-9 identity documents need to be re-verified

Reality: There is no need to re-verify List B identity documents such as drivers’ licenses, school ID cards or US military cards. List B identity documents do not need to be re-verified when they expire. Exhale! This does not sanction the acceptance of expired identity documents. It only means that they must be valid when you first accept them; they can expire later with no problem. So, for example, if a US passport expires while someone is employed, the commandment to re-verify given at Sinai is not triggered.

Myth #2: Since the Permanent Resident Card on Form I-551 has a 10-year expiration date, the I-9 must be updated prior to such expiration.

Reality: Expiration dates on I-551 permanent resident cards have no impact at all on current employment. Employers are not required or allowed to re-verify such employment authorization. The card may lapse but the right to work never does. What a relief!

Myth #3: There is a modest “grace periodâ€