What Is Form I-9 Reverification and When Do H-1B or EAD Holders Need It?
By Pinal Dave | Last updated: 2026-08-02
TL;DR: Employers must reverify employment authorization no later than the expiration date on your I-797 approval notice, EAD, or other time-limited work document — using Supplement B of Form I-9, not a brand-new form. Green card holders never need reverification, even with an expired physical card. Miss the deadline and your employer legally cannot keep you working, so track your expiration date and hand HR the renewal proof before it lapses.
The Claim
If your work authorization has an expiration date — an H-1B I-797, an Employment Authorization Document (EAD), an L-1, O-1, or TN approval — your employer is required by federal law to reverify your eligibility to work on or before that date. This is separate from the original Form I-9 you completed on day one.
The Evidence
USCIS's Handbook for Employers (M-274) states employers "must reverify an employee's employment authorization no later than the date employment authorization expires," using Supplement B: Reverification and Rehire (the form that replaced the old Section 3 on the 2023-revised I-9). Reverification is not required for List B identity documents (like a driver's license) — only for the List A or List C document that shows a work-authorization expiration date. Lawful permanent residents presenting a green card are exempt, because USCIS treats LPR status itself, not the card, as the basis for work authorization.
Comparison: Who Needs Reverification
| Situation | Reverification Needed? | Why |
|---|---|---|
| H-1B extension filed before expiry, same employer, still pending | Often no — 240-day rule may extend status | I-129 filed timely can extend work authorization automatically while pending |
| H-1B transfer to a new employer | Yes — new I-9 at the new employer | New employer, new I-9 relationship |
| EAD (adjustment of status, OPT, etc.) reaching its printed expiry | Yes, unless a regulatory automatic extension applies | Some EAD categories get an automatic extension window; confirm current USCIS policy before assuming coverage |
| Green card holder, even with an expired physical I-551 card | No | LPR status doesn't expire; only the card does |
| L-1, O-1, TN with a fixed validity end date | Yes, at that end date | Status and work authorization both tied to the approval period |
| Asylee or refugee with unrestricted EAD category | Sometimes exempt depending on documentation on file | Ask your employer's I-9 administrator to confirm which document triggered the original I-9 |
Step-by-Step: How Reverification Works
- Track your own expiration date. Don't rely solely on HR — calendar your I-797 or EAD expiry 120+ days out.
- Confirm your renewal is filed early. For H-1B extensions, employers should file well before expiration to preserve any automatic extension protections.
- HR flags the file. Most employers run I-9 audits 60–90 days before an employee's authorization expires.
- Present new evidence. A new I-797 approval notice, renewed EAD, or updated passport visa stamp/status document.
- Employer completes Supplement B. They record the new document, its number, and expiration date — no new Section 1 or Section 2 required.
- Confirm no gap. If your renewal isn't approved in time and no automatic extension applies, ask your immigration counsel about options before the expiration date, not after.
Why This Matters for Your Case
A missed reverification isn't just paperwork — if your work authorization lapses without an approved extension or automatic-extension protection, your employer is legally required to stop you from working, which can also jeopardize a pending green card case built on continuous, authorized employment. Building your own tracking calendar, separate from your employer's, is the safest habit.
FAQ
Does an expired green card require I-9 reverification? No. Lawful permanent resident status doesn't expire even though the physical card does. Employers should not reverify LPRs based on card expiration alone.
What happens if my employer misses my reverification deadline? You may be considered not work-authorized until new documentation is presented, which can mean an unpaid gap or, in worst cases, termination. Employers also face liability for continuing to employ someone without valid I-9 documentation on file.
Do I need a brand-new Form I-9 when I change employers on H-1B? Yes. A new employer means a new employment relationship, so a new Form I-9 (Section 1 and 2) is required regardless of any prior reverification history.
Is Supplement B the same as the old "Section 3"? Functionally yes — Supplement B replaced Section 3 in the August 2023 edition of Form I-9 and is used for both reverification and rehire scenarios.