
Understanding When to Update Your I-9 Form After Immigration Status Changes
The I-9 form is a crucial document for both employers and foreign workers in the United States. It serves as a tool to verify a worker’s identity and employment authorization. As a foreign worker, you may experience changes in your immigration status—such as renewing your work authorization, adjusting your status, or changing visa categories. However, you may not always need to update your I-9 form when these changes occur. In this article, we will help you understand when I-9 updates are necessary and how to navigate the process.
What Is the I-9 Form and Who Needs to Complete It?
As a foreign worker in the U.S., it’s important to understand your role in completing the Form I-9. This document is essential for your employer to verify your identity and employment authorization. Your employer must ensure that you complete Section 1 of the I-9 form on or before your first day of employment, officially marking the start of your job. You’ll need to provide accurate information and supporting documents to confirm your authorization to work in the U.S.
If you’re self-employed, you typically do not need to complete an I-9 form unless you are an employee of a separate business entity, such as a corporation. Otherwise, your employer is responsible for completing Section 2 of the form within three business days of your hire, based on the documents you present.
Protecting Your Rights: Unfair Practices During I-9 Verification
Your employer is prohibited from discriminating against you based on your citizenship, immigration status, or national origin during the I-9 or E-Verify process. This means your employer cannot ask for specific documents beyond what is required by law. For instance, an employer cannot demand a Permanent Resident Card if you have other valid documentation, and they cannot reject documents that reasonably appear to be genuine.
These types of practices, known as “unfair documentary practices,” are illegal. Furthermore, your employer cannot treat you differently in the hiring process or during your employment based on your real or perceived citizenship status or national origin.
When Is Re-verification of Your Employment Authorization Required?
If your work authorization document has an expiration date, your employer must re-verify your employment authorization before it expires. To maintain your employment, you’ll need to provide updated documentation from List A or C, such as an unrestricted Social Security card or other acceptable documents. Restricted Social Security cards are not valid for this purpose, and if presented, your employer will request an alternative document.
In some cases, a receipt for a new document may be accepted temporarily, but it is important to ensure that your employer has valid proof of your work authorization before the expiration date. If you cannot provide updated documentation, your employer is legally required to suspend your employment.
Do You Need to Update Your I-9 Form After an Immigration Status Change?
One of the most common questions foreign workers have is whether they need to update their I-9 form if their immigration status changes, such as switching from one visa category to another or becoming a permanent resident. The good news is that updating your I-9 form for an immigration status change is generally not required unless your current work authorization is set to expire. Re-verification is only needed when the authorization document you originally provided is about to expire. As long as your work authorization remains valid, no update is necessary, even if your immigration status has changed.
The Role of the I-9 Form in Employment Authorization
It’s important to remember that the I-9 form is kept on file by your employer—it is not submitted to U.S. Citizenship and Immigration Services (USCIS). The form’s sole purpose is to confirm your eligibility to work in the U.S. It does not determine your immigration status. For example, if you are working under an H-1B visa but later obtain an Employment Authorization Document (EAD) and decide to work under the EAD, you do not need to update your I-9 form. The I-9 is only concerned with verifying that your work authorization is valid, regardless of which immigration status or visa you are working under.
Conclusion
It’s important to remember that the I-9 process is primarily the responsibility of your employer, not yours as the employee. Your employer is legally required to ensure that the I-9 form is completed correctly and that your work authorization is properly verified. While you must provide accurate documents to prove your employment eligibility, the burden of completing, maintaining, and re-verifying the form falls on your employer. They must follow specific legal guidelines and deadlines to stay compliant with U.S. law. Understanding your role and your employer’s responsibilities allows you to avoid unnecessary updates or changes that could complicate your employment, giving you peace of mind that you are following the proper procedures.
For over 25 years, Reddy Neumann Brown PC has focused solely on U.S. employment-based immigration, and works with employers to establish best practices when navigating the PERM labor certification process. If you are in need of a U.S. work visa or permanent residency, speak with one of our immigration lawyers. Please contact us online, call our Houston business immigration office directly at 713-953-7787 or schedule a consultation.
By: Emily Neumann
Emily Neumann is Managing Partner at Reddy Neumann Brown PC with over 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. Emily has helped transform the firm from a solo practice to Houston’s largest immigration law firm focused exclusively on U.S. employment-based immigration. She received her Bachelor’s degree in Biology from Central Michigan University and her Juris Doctorate degree from the University of Houston Law Center. Emily is a frequent speaker and has been quoted in Forbes, Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management.