Some, but not all, documents used for the I-9 will need to be reverified upon expiration. Specifically, employees with temporary work authorizations will need to have their eligibility to work in the United States reverified. Employees with temporary work authorizations must indicate their employment authorization expiration date under Section 1 of the I-9 form, and employers will need to reverify employment eligibility on or before that expiration date by completing either Section 3 of the I-9 form or by completing a new I-9 form. If the employment authorization expiration date provided by your employee in Section 1 does not match the document expiration date recorded by you under List A or List C in Section 2, the earlier date should be used to determine when reverification is necessary. If this process is not completed by the expiration date, the employee must not continue to work and should be put on leave of absence or terminated, in accordance with company policy. We recommend letting employees know at least 90 days ahead of time that they will need to provide documentation for reverification. Some documents will not need reverification upon expiration. Employers should not reverify: • U.S. citizens • Lawful permanent residents (LPRs) who presented a Permanent Resident Card (Form I-551) for Section 2 • List B documents (e.g. driver’s license) Note that you are not required to update Form I-9 when an employee changes his or her name (e.g. when getting married or divorced) and Form I-9 regulations do not require that an employee present you with documentation to show that the employee has changed his or her name. Nonetheless, USCIS recommends that you maintain correct information on Form I-9 and note any name changes in Section 3. Additionally, it is a best practice to require the employee to show documentation that they have legally changed their name and made the change with the Social Security Administration prior to making any name changes in your HR or Payroll systems. The safest way to do this is to ask the employee to present his or her new Social Security Card. This proactively avoids the potential for social security “no match” letters. Federal contractors who are subject to the FAR E-Verify clause and who choose to verify existing employees by updating existing Forms I-9 must follow special rules pertaining to when they are required to complete new Forms I-9. Under this option, a new Form I-9 must be completed when an employee changes his or her name. Enroll in the Church HR Support Center for more great HR resources. Article Courtesy of HR Support Center. Legal Disclaimer: The HR Support Center is not engaged in the practice of law. This response should not be relied upon or construed as legal advice, and does not create an attorney-client relationship. If you have legal questions concerning your situation or the information you have obtained, you should consult with a licensed attorney. The Company can in no way be held liable for any actions taken as a result of this correspondence.< Back
Clergy Financial Resources serves as a resource for clients to help analyze the complexity of clergy tax law, church payroll & HR issues. Our professionals are committed to helping clients stay informed about tax news, developments and trends in various specialty areas.
This article is intended to provide readers with guidance in tax matters. The article does not constitute, and should not be treated as professional advice regarding the use of any particular tax technique. Every effort has been made to assure the accuracy of the information. Clergy Financial Resources and the author do not assume responsibility for any individual’s reliance upon the information provided in the article. Readers should independently verify all information before applying it to a particular fact situation, and should independently determine the impact of any particular tax planning technique. If you are seeking legal advice, you are encouraged to consult an attorney.
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