The 2026 Midterms and Form I-9: What Changes for Employers, and When
Read the article
When an employee's visa status changes, HR gets a question that sounds simple but trips up even experienced teams: do we reverify the I-9, complete a new one, or do nothing? The answer depends on the specific status change — and getting it wrong can mean either an unnecessary new I-9 (wasted time) or a missed reverification (a violation).
This guide covers every common visa status change scenario and tells you exactly what to do with Form I-9 for each one.
Reverification is required when an employee's employment authorization or employment authorization documentation expires. You complete reverification on Supplement B of Form I-9 — not by completing a new form.
To reverify, the employee presents an unexpired List A or List C document. You examine it, record the document title, number, and expiration date on Supplement B, then sign and date.
Key rules from USCIS:
Give the employee a reminder at least 90 days before reverification is due, so there's time to get the new document in hand.
Do not reverify:
Do you need a new I-9? No — if the employee is continuing with the same employer and there is no break in employment.
Do you need to reverify? It depends on timing. If the employee's OPT Employment Authorization Document (EAD) expires before the H-1B start date, you must reverify on Supplement B when the new H-1B authorization begins. The Form I-797 approval notice USCIS sends comes with the employee's new Form I-94, and that I-94 is what you record in Supplement B. The employee can also present any other List A or List C document they choose.
The cap-gap extension covers the stretch between the OPT end date and the H-1B start. A cap petition you filed on time as a change of status keeps the employee's F-1 status and OPT work authorization going until April 1 of the fiscal year in the petition or the H-1B start date, whichever is earlier (M-274 Section 7.4.2). The expired EAD plus your Form I-797C receipt notice counts as an unexpired List A EAD. Write "CAP-GAP" and March 31 of that year in the Additional Information field in Section 2, and if the extension runs to March 31, reverify on or before that date.
Common mistake: Completing an entirely new I-9 when only Supplement B is needed. A new I-9 is not required for a status change with the same employer as long as employment is continuous.
Do you need a new I-9? No.
Do you need to reverify? Yes — if the employment authorization document recorded in Section 2 has expired. When the extension is approved, the employee presents the new I-797 approval notice or other unexpired documentation, and you complete Supplement B.
If the employee filed a timely extension petition and the original H-1B period has expired while the extension is pending, the employee is authorized to continue working under the 240-day rule (see our full breakdown of the H-1B I-9 compliance workflow for the Section 2 Additional Information notations that document this correctly). The M-274 has you write "240-Day Ext." and the date you filed Form I-129 in the Additional Information field in Section 2, then reverify in Supplement B once USCIS decides or the 240 days run out, whichever comes first.
Common mistake: Not tracking the expiration date at all. The attorney tracks the petition deadline. HR must independently track the I-9 reverification deadline — they may be different dates.
Do you need a new I-9? Yes. A new employer must complete a new Form I-9. This is a new hire, regardless of the employee's existing H-1B status with their previous employer. The employee can start once you file the new Form I-129, and their unexpired I-94 from the previous employer, along with their foreign passport, counts as a List A document. Write "AC-21" and the date you filed in the Additional Information field in Section 2.
Do you need E-Verify? Yes, if you participate in E-Verify. Create a case within three business days of the hire date.
Common mistake: Assuming the previous employer's I-9 transfers with the employee. It does not. Every employer completes their own Form I-9.
Do you need a new I-9? No.
Do you need to reverify? Once more at most. At the next reverification on the current document, the employee can present their Permanent Resident Card (Form I-551) or any other List A or List C document they choose. Record it in Supplement B, and if it's the green card, that's the last reverification for this employee, because a lawful permanent resident's employment authorization doesn't expire even though the card does.
USCIS is explicit: do not reverify an employee who presented a Form I-551. Requiring reverification when a green card expires is a common form of document abuse.
Common mistake: Reverifying when the green card expires 10 years later. Once an employee establishes permanent residence, their work authorization is permanent. The card expiration is irrelevant for I-9 purposes.
Do you need a new I-9? No — same employer, continuous employment.
Do you need to reverify? Yes. The original OPT EAD expires, and the STEM OPT extension issues a new EAD with a new expiration date. Complete Supplement B with the new EAD information.
Note: STEM OPT extensions require E-Verify enrollment. If your company does not participate in E-Verify, you cannot employ a STEM OPT worker.
Do you need to reverify? Yes, when the H-4 EAD expires. H-4 EADs are tied to the primary H-1B holder's status (and the DHS proposal to eliminate the 60-day grace period would collapse dependent status the same day the principal's status ends) and have specific expiration dates. Track them independently.
If the employee filed a timely EAD renewal application, they may be eligible for an automatic extension of up to 540 days from the card expiration date (for applications filed before October 30, 2025, under eligible category codes). DHS made that cutoff permanent in a final rule effective October 14, 2026, so a renewal filed on or after October 30, 2025 gets no automatic extension. Our EAD auto-extension guide covers the reverification steps. Check the USCIS auto-extension rules for current eligibility.
The mechanical process is straightforward:
If all Supplement B blocks are used, attach a new Supplement B page from the current version of Form I-9.
"The reverification process itself takes five minutes," said Patricia, Director of Compliance at i9 Intelligence, which has 28 years of I-9 and E-Verify experience. "The hard part is knowing it needs to happen. When you have 50 or 100 foreign national employees across different visa categories, each with different expiration dates, the only way to stay compliant is automated tracking. Nobody can manage that with a spreadsheet."
This comes up repeatedly: an employer tries to run a new E-Verify case when reverifying an employee. E-Verify cannot be used for reverification. It is only for initial hires.
If you run an E-Verify case on an existing employee during reverification, you are violating E-Verify program rules. The reverification happens entirely on Supplement B — no E-Verify involvement.
The only exception: if the employee is genuinely a new hire (new employer, rehire after a break, etc.), then you complete a new Form I-9 and create a new E-Verify case as part of the standard hiring process.
For employers with a handful of foreign national employees, calendar reminders may work. For employers with dozens or hundreds — across H-1B, OPT, H-4, L-1, TN, and other categories — manual tracking is where compliance breaks down.
I-9 compliance software automates this by:
For companies with H-1B workers at multiple locations, remote verification services handle Supplement B completion through trained authorized representatives — the same process used for initial Section 2.
No. If the employee is continuing with the same employer and there is no break in employment, you reverify on Supplement B rather than completing a new form. A new I-9 is required only for new hires, rehires after a break, or when the employee is starting with a different employer.
Reverification is due no later than the date the current authorization expires, so the job ahead of time is tracking the date and reminding the employee at least 90 days out. The employee still chooses which document to present when the time comes.
If the employee filed a timely H-1B extension, they may continue working for up to 240 days while the petition is pending. Write "240-Day Ext." and the filing date in the Additional Information field in Section 2, and reverify when the decision comes in or the 240 days end, whichever is first. If the extension is denied, the employee must stop working.
No. Lawful permanent residents whose employment authorization was established by presenting a Permanent Resident Card (Form I-551) do not need to be reverified — ever. The card expiration does not affect employment authorization. Requiring reverification based on a green card expiration is document abuse.
Any unexpired List A or List C document. The employee chooses. You may not request a specific document. Common reverification documents include a new EAD, a foreign passport with the new Form I-94 from an approved petition, or an unrestricted Social Security card (for employees who have become permanent residents).
Managing reverification for foreign national employees? i9 Intelligence provides automated expiration tracking, reverification reminders, and remote Supplement B completion — built for employers with complex immigration workforces.
Call: (713) 668-6200 (Mon-Fri, 8am-5pm CT) Email: support@i-9intelligence.com Submit a ticket: https://www.i-9intelligence.com/submit-a-ticket