When Must Employers Complete I 9 Section 3?

2025-09-05 11:43:58 160

4 Answers

Kate
Kate
2025-09-06 18:40:44
If I break it down into steps, it’s easiest to see when Section 3 is needed and what to do. Step one: check the original Form I-9 date. If you’re rehiring the same person within three years of that original completion date, you can complete Section 3 for the rehire—enter the rehire date and update any changed information (like a new legal name). Step two: check document expirations. If an employee’s employment authorization expires (for example, an EAD), you must reverify on or before the expiration date. For reverification, record the new document title, number, issuing authority and expiration date in Section 3, then sign and date.

A few caveats I always keep in mind: don’t reverify U.S. citizens or noncitizen nationals just because an ID shows an expiration date; their authorization doesn’t expire. Also, you cannot reverify with a List B-only document—reverification is about authorization so the document must show the right to work (List A or List C). If the rehired person returns after more than three years have passed since the original I-9, don’t use Section 3—complete a new Form I-9 instead. I also like to note that employers should keep good records and set reminders so reverification happens before expiration; it’s less stressful that way.
Flynn
Flynn
2025-09-08 06:00:33
I tend to think of Section 3 like a quick update form: use it when you’re bringing someone back within three years of their original I-9 completion date or when their authorization to work has expired and needs reverification. If it’s a rehire inside that three-year window, you add the rehired date and any name changes there. If the person’s work authorization document expires, you must reverify on or before that date and enter the new document details in Section 3.

A small practical note I always share: do not ask U.S. citizens or noncitizen nationals for reverification, and don’t accept a List B-only document when reverifying—reverification must show employment authorization. If the rehiring happens after more than three years, start a new Form I-9 instead. For my part, I keep a digital calendar reminder for expirations so it’s easy to handle Section 3 without last-minute scrambling.
Ivy
Ivy
2025-09-09 18:58:26
I’ve handled a few of these for temps and friends, and the simplest way I explain it is: use Section 3 when the person comes back within three years or when their permission to work runs out and needs updating. If they’re rehired within three years of the original I-9 date, you write the rehire date in Section 3 and sign off. If the employee’s employment authorization document expires, you must reverify on or before that expiration—enter the new document info in Section 3 and sign it.

A couple practical things I always mention to coworkers: you don’t reverify someone who’s a U.S. citizen or a noncitizen national, and you shouldn’t accept a photo ID (List B) alone for reverification—rev is about authorization to work. If the rehiring happens after three years from the old I-9 date, you need a fresh Form I-9. It’s straightforward once you do it a couple times, and keeping a calendar reminder for expirations saves a panic call on a Monday morning.
Flynn
Flynn
2025-09-11 03:04:46
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.
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