Form I-9, officially known as Employment Eligibility Verification, is used to verify the identity and employment eligibility of individuals hired for work in the US. United States Citizenship and Immigration Services (USCIS) mandates all US employers to complete and retain this form for each employee (citizens and noncitizens) they hire.

While Sections 1 and 2 of the form must be completed for all new hires, Supplement B (formerly Section 3) is used in specific circumstances. Here’s everything you need to know about completing this Supplement of the I-9 Form.

What is Supplement B of Form I-9? 

Supplement B of Form I-9 is used to update employee information and verify continued employment authorization. Here’s a breakdown of when the Supplement is applicable:

• ‍‍Renewing Employment Authorization: If an employee’s work authorization document expires during employment, employers must use Supplement B to reverify their employment authorization upon document renewal. It’s important to note that as of April 2024, there’s a temporary rule allowing automatic extension of Employment Authorization Document (EAD) validity periods for up to 540 days. Employers should be aware of this update and its implications for reverification requirements.
• Name Change: If an employee’s legal name changes after completing the I-9, Supplement B must be used to document the change and verify any new identification documents presented.
• ‍Rehire Within Three Years: While not mandatory, using Supplement B for rehires within three years of the original hire date can streamline the process and ensure compliance. 

Note: When completing Supplement B, you must also complete the last name, first name, and middle initial fields at the top of the page.  

Reverification

When an employee’s work authorization expires, employers must reverify their employment eligibility. This applies to both employment authorization itself and any accompanying documentation.

To determine the expiration date, review Sections 1 and 2 of the I-9 Form:

• Section 1: Indicates the employment authorization expiration date.
• Section 2: Lists the expiration date of the supporting document (List A or List C).

If the expiration dates differ, reverification is required by the earlier date.

Reminder: We recommend reminding employees at least 90 days before their work authorization expires to ensure they are prepared to present updated documentation for reverification.

Who is exempt from reverification?

Employers are generally not required to reverify the employment authorization of the following individuals:

• U.S. Citizens and Noncitizen Nationals: Individuals born in the U.S. or its territories and noncitizen nationals do not require reverification.
• Lawful Permanent Residents: Permanent residents who presented a Form I-551 (Green Card) during initial I-9 completion are typically exempt from reverification, including conditional residents.

However, if an employee’s work authorization expires or changes, reverification is necessary. In such cases, the employee must provide updated documentation from either List A (establishing both identity and employment authorization) or List C (establishing employment authorization).

Note: Receipts for lost, stolen, or damaged work authorization documents can be accepted during reverification.

What are the documents employers should reverify?

For reverification, an employee must present an unexpired document(s) (or a receipt) from either List A or List C showing they are still authorized to work. Reverification does not apply to List B documents.

Always remember that only certain items require reverification:

• List A, Item 3, a foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa.
• List A, Item 4, Employment Authorization Document that contains a photograph (Form I-766).
• List A, Item 5, for a nonimmigrant alien authorized to work for a specific employer because of their status: foreign passport and Form I-94 or Form I-94A in the same name and containing an endorsement of the alien’s nonimmigrant visa status which has not yet expired and bears no conflict with the proposed employment.
• List C, Item 7, Employment Authorization Document issued by the Department of Homeland Security.

Note: You cannot demand the employee to present a particular document from List A or List C. The employee is also not required to show the same type of document that they presented previously.

How to Complete Supplement B for Reverification

To ensure compliance with regulations, employers must accurately complete Supplement B when necessary. Here are the steps involved:

• Document Examination: Carefully review the employee’s unexpired work authorization documents to verify their authenticity and relevance. If you suspect the documents are fraudulent or do not pertain to the employee, allow them to present alternative documentation from the approved list.
• Record Document Details: Record the presented documents’ title, number, and expiration date.
• Complete Supplement B: Sign and date the Supplement to confirm the accuracy of the information provided.
• Additional Supplements: If you’ve previously completed the Supplement or need to update information, attach additional supplement sheets to the original Form I-9.
  

Rehires: Supplement B or New Form I-9?

When rehiring an employee within three years of their previous employment, employers have the option to either:

• Complete a new Form I-9: This involves creating a fresh form and following the standard completion process.
• Use Supplement B: If the employee’s employment authorization remains valid, the Supplement can be used to update the Form I-9 and verify continued eligibility.

The decision of whether to complete a new Form I-9 or Supplement B depends on individual circumstances and employer preferences. However, the latter can streamline the rehire process and reduce administrative burden.

How to Complete Supplement B for Rehires

When rehiring an employee within three years of their original hire date, employers must follow these steps to complete the Supplement:

• Verify Previous Employment: Confirm that the original I-9 relates to the employee being rehired.
• Assess Authorization Status: Determine if the employee’s work authorization remains valid. If the employee presented a List A or List C document during the initial hire, check if the authorization has expired.
• Rehire Without Reverification: If the employee’s authorization is still valid and no changes have occurred, enter the rehire date in Supplement B.
• Reverification Required: If the employee’s authorization has expired or requires reverification, request that they present updated List A or List C documentation. Avoid reverifying List B documents.
• Update Supplement B: Record the necessary information, including the document details and rehire date.
• Sign and Date: Sign and date the Supplement to confirm the accuracy of the information provided.
  

How to Enter Dates in Supplement B

Supplement B requires employers to enter specific dates related to the reverification or rehire process. Here’s a breakdown:

• Rehire Date: If rehiring a former employee, enter the start date of their new employment in the “Date of Rehire” field. This date can be in the future if necessary.
• Expiration Date: If reverifying due to an expired work authorization, enter the expiration date of the new document in the “Expiration Date” field.
• Attestation Date: Always enter the date you complete and sign the Supplement to confirm the accuracy of the information provided.

Recording Changes of Name and Other Identity Information

Name Changes

While not mandatory, updating Form I-9 when an employee experiences a legal name change is recommended. Documenting the change in Supplement B provides a record of the updated information. Although not required by regulations, obtaining supporting documentation (e.g., marriage certificate, court order) can strengthen your records and demonstrate due diligence.

Identity Discrepancies

If an employee informs you of discrepancies in their name, date of birth, or Social Security Number compared to the original I-9, take the following steps:

• Complete a New Form I-9: Start a new I-9 to reflect the updated information.
• Preserve Original Form: Attach the original form to the new one for documentation purposes.
• Verify Identity: Request the employee to provide supporting documentation to verify the updated information, such as a court order or government-issued identification.

Document Retention

Retain copies of both the original I-9 and the updated one, along with any supporting documentation, to demonstrate your compliance efforts.

Remember: While not mandated, documenting name changes and identity discrepancies can strengthen your compliance posture and mitigate potential risks.

Key Considerations for Form I-9 Supplement B

• Use the Latest Form Version: Always use the recent version of Form I-9, including Supplement B, to avoid potential penalties.
• Protect Employee Data: Keep the I-9s and supporting documents confidential and secure.
• Proactive Reverification: Monitor employee work authorization expiration dates proactively and initiate reverification as needed.
• Avoid Reliance on Employees: Do not solely rely on employees to track and reverify their documents.
• EAD Renewal and Reverification: An application to renew an EAD does not automatically grant continued work authorization. Employees must still present updated documentation upon expiration.

How does OnBlick I-9 Assist help you?

I-9 Assist simplifies your Form I-9 and E-Verify processes by providing a centralized platform for managing all your I-9 forms electronically. With its seamless integration with E-Verify web services, you can effortlessly verify employee eligibility.

Key Benefits of I-9 Assist

• Streamlined I-9 Management: Easily create, store, and manage all your I-9 forms electronically.
• Automated Alerts and Reminders: Never miss an important deadline again with I-9 Assist’s timely notifications for document expirations and reverifications.
• Guided Form I-9 Compliance: I-9 Assist ensures you complete your I-9s accurately, maintaining a compliant audit trail.
• Enhanced Efficiency: Save time and effort by automating manual tasks and reducing paperwork.
• Live Video Verification: Ensure secure identity and employment authorization verification with I-9 Assist's Live Video Verification feature. This US ICE-approved alternative offers the same level of security as in-person document checks, while providing greater flexibility and convenience.

Know more about I-9 Assist’s value-adding features by booking a free demo.