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: - Check both Section 1 (employment authorization expiration) and Section 2 (document expiration). If the dates differ, reverify by the earlier date. - Send a reminder at least 90 days before reverification is due. - Do not reverify List B (identity) documents — only employment authorization. - E-Verify may not be used for reverification. It is only for initial hires.
Do not reverify: - U.S. citizens and noncitizen nationals — their work authorization never expires - Lawful permanent residents who presented a Permanent Resident Card (Form I-551) for Section 2 — even though the card has an expiration date, their employment authorization does not expire - Any time a List B (identity) document expires — identity documents are never reverified
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 employee presents a new document showing H-1B authorization (such as a Form I-797 approval notice with I-94, or an updated EAD).
If the H-1B cap-gap extension covers the period between OPT expiration and H-1B start (October 1), the employee's authorization is automatically extended and no reverification is needed until that extension ends.
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. You should note this in Supplement B and reverify when the extension decision is issued.
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.
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? This is the scenario that confuses most employers. Once the employee becomes a lawful permanent resident and presents a Permanent Resident Card (Form I-551) or other evidence of permanent residence, you should complete Supplement B to update the record. However, going forward, you do not need to reverify this employee again — lawful permanent residents' employment authorization does not expire, even though the card itself has an expiration date.
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 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). 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 with 27 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: - Flagging upcoming reverification deadlines across all employees - Sending automated reminders to HR and the employee 90 days before expiration - Tracking which employees have been reverified and which are overdue - Storing completed Supplement B records with the original I-9
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.
You cannot reverify before the current authorization actually expires (or the new authorization begins). However, you can and should prepare by tracking the date and sending a reminder at least 90 days in advance.
If the employee filed a timely H-1B extension, they may continue working for up to 240 days while the petition is pending. Note this in Supplement B. Reverify when the decision is issued. 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, an I-797 approval notice, a foreign passport with updated I-94, 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
