What Does I 9 Section 3 Require Employers To Do?

Okay, here’s the straightforward practical scoop for Section 3: the person representing the employer fills it out. In plain terms, Section 3 of the I-9 is used when someone is rehired within three years of the original I-9 completion, when an employee’s name changes, or when an employee needs reverification because their work authorization has an expiration date. What I do when I handle rehires is check whether the original form is still within that three-year window. If it is, I update Section 3 with the rehire date or the new document information, sign and date it, and keep a copy with the original I-9. If the gap is longer than three years, I don’t use Section 3 — a fresh Form I-9 is needed instead. Also, an authorized representative can complete Section 3 on the employer’s behalf; the employee provides the documents, but they don’t fill out that box themselves. If you want to be extra safe, look up the latest instructions on the official government site before you finalize anything — rules change in small ways sometimes, and I’d rather be cautious than chase down corrections later.

I like to think about this the way I do paperwork at home: tidy, timely, and with a little caffeine. Section 3 of the Form I-9 is what you use when you need to rehire or reverify rather than start a whole new form. Practically speaking, if you rehire a person within three years of the date on their original I-9, you can (and usually should) fill out Section 3 instead of creating a fresh form. You’ll record the rehired date and update any changes, such as a legal name change. The other big trigger is when someone’s work authorization document expires—like a temporary Employment Authorization Document (EAD). In that case, you must reverify by the expiration date, and Section 3 is where you record the new document title, issuing authority, document number, and expiration date. Quick tip from my stack of HR memos: don’t reverify U.S. citizens or noncitizen nationals just because an ID has a date on it, and for reverification you can’t accept a List B-only document; the new proof must show continuing employment authorization. I usually leave a sticky note for the employee a couple weeks before anything expires so we’re not scrambling on deadline.

Okay, here’s how I actually do Section 3 when someone needs rehire or reverification — I try to keep it practical and low-stress. First, confirm I still have the original 'Form I-9' on file. Section 3 is only used when you’re rehiring within three years of the original hire date or when you need to record a name change or reverify work authorization. If it’s a rehire, I put the rehire date in the top box of Section 3; if it’s a name change, I write the employee’s new name in the space provided. For reverification, the employee brings in original documents that prove continued authorization to work (they choose which acceptable docs to present). I inspect the originals, then enter the document title, issuing authority, document number, and expiration date in Section 3. Finally I sign and date the certification area, and include my title or authority. A few practical notes from my playbook: don’t ask for specific documents — let the employee pick from the acceptable lists. You cannot reverify with a List B document alone because that only proves identity, not work authorization. If the original Form I-9 is more than three years old or the situation is awkward, complete a new 'Form I-9' instead. When in doubt, I double-check USCIS guidance or ask someone more legally trained just to be safe.

If you ever get handed a messy 'Form I-9' and have to fix Section 3, my go-to method is simple: don't obliterate anything. I talk like someone who's done a bunch of onboarding and audits over the years, so here’s the practical side first. Start by drawing a single line through the incorrect entry so it remains legible. Write the correct information nearby, and then initial and date that correction right next to it. If the correction was made because an employee gave new documentation (for example a renewed employment authorization card), record the new document title, issuing authority, document number, and expiration date in the Section 3 fields. If the error was in Section 1 originally, the employee should correct it and initial the change, but if they can’t for some reason you can make the correction and initial it while noting that the employee didn’t initial. A couple of rules worth keeping in mind: Section 3 is meant for reverification or rehire within three years of the original Form completion. If you’re rehiring someone after more than three years, complete a new 'Form I-9' instead. Never use correction tape or white-out; crossing out clearly and dating/initialing keeps your records clean and defensible. Also keep a short audit trail — a note in your personnel file or an internal log about why the change was made helps if anyone ever questions it. That little bit of careful documentation has saved me headaches more than once, and it makes audits feel a lot less scary.

Okay, here's the practical scoop I keep telling friends in HR-land and coworkers over coffee: Section 3 of the Form I-9 is used when you need to reverify someone's employment authorization or rehire them within three years using the original form. For reverification, the key rule I rely on is this — the employer must examine an unexpired document that shows current work authorization. Practically, that means the employee can present either an unexpired List A document (which proves both identity and employment authorization) or an unexpired List C document (which proves employment authorization only). Examples I usually give when someone asks at my desk: U.S. passport or passport card, Permanent Resident Card (Form I-551), an Employment Authorization Document (EAD, Form I-766), or a foreign passport with an I-94 showing work permission are common List A picks. For List C, think Social Security card (if unrestricted), U.S. birth certificate, or a Certificate of Naturalization/Citizenship — anything that proves authorization to work. One big thing I always repeat: you cannot reverify with a List B document alone because those show identity, not work authorization. Also, employees with indefinite authorization (like a U.S. passport or green card) typically won’t need reverification in the first place, so don’t fuss over those. If the document has an expiration date showing work permission expired, that’s when Section 3 is used to note the new document. And remember, the employee chooses which acceptable document to show — you can’t demand a specific piece of paper. When in doubt, I point people to the latest USCIS guidance to make sure nothing changed since the last time we updated our HR binder.

I've always been picky about paperwork, so this one sticks with me: for any 'Form I-9' you keep, including a completed 'Section 3' entry, the employer has to hang onto it for the longer of two timeframes — three years after the employee's hire date or one year after employment ends. That rule means you pick whichever date gives you the later retention deadline and keep the entire I-9 (including the 'Section 3' reverification block) until that point. In practice that creates a few scenarios. If someone was hired on January 1, 2020 and left on June 1, 2021, you keep the I-9 until January 1, 2023 (three years after hire). If they were hired January 1, 2020 and left December 1, 2022, you keep it until December 1, 2023 (one year after termination), because that date is later. Also remember: if you rehire within three years you can often use 'Section 3' instead of completing a new form; if you rehire after three years, create a new 'Form I-9'. Storing these securely and having a clear destruction policy can save headaches during audits, and I usually mark the discard date on the file so it’s obvious when it’s safe to shred.

Oh man, this one comes up a lot in my HR chats: remote hiring by itself doesn't rewrite the rules for Section 3 of the Form I‑9. Section 3 is specifically for rehires within three years and for updating information like a legal name change. If you rehire someone within three years of the original I‑9, you can either complete Section 3 (enter the rehire date and, if needed, new document info) or just prepare a fresh Form I‑9. If more than three years have passed, you need a new form. For name changes, Section 3 is the place to update the employee’s information. A wrinkle with remote work is the document inspection requirement. Employers must physically examine original identity and employment authorization documents, and that requirement hasn’t changed by remote hiring. During the pandemic there were temporary remote inspection flexibilities, but those have generally expired; unless you’re under a specific federal or state exception, you still need to see originals. The common workaround is to appoint an authorized representative (a notary, staffing agency rep, or someone local) to examine the documents in person on the employer’s behalf — that’s allowed, but you should document who acted as your representative and how the inspection occurred. Practical tip from my own chaotic hiring days: treat remote rehiring like an in‑person process in your checklist, preserve clear notes about rehire dates, any documents examined, and who conducted the verification. And if you’re unsure about state variants or a special program, get a quick consult with counsel or look up the latest USCIS guidance — saves headaches later.

Okay, here’s how I think about it: if someone gets rehired and there’s an old Form I-9 on file, you don’t always have to start from scratch. If the original I-9 was completed within the last three years, you can usually use Section 3 to record the rehire (or to update a name or reverify employment authorization). Section 3 is built for quick updates — you put the rehire date, the document details if you’re reverifying, and your signature and date. That said, there are important caveats. If more than three years have passed since the original I-9 was completed, you must fill out a new Form I-9. Also, if Section 3 was already used previously to rehire or reverify, it’s generally cleaner — and sometimes required — to prepare a fresh form rather than trying to cram more changes into Section 3. Don’t forget the retention rule: keep completed I-9s for three years after hire or one year after termination, whichever is later. Personally, I often opt to complete a new Form I-9 for rehires just to avoid confusion during audits, but Section 3 is perfectly legitimate within the rules.