Do I-9 Forms Expire? Reverification and Retention Rules

Do I-9 forms expire? A completed Form I-9 does not have its own expiration date, and you keep using the same form for as long as the employee works for you. What can expire is the employee’s work authorization, and when that happens you have to reverify. You also have to hold onto the form for a set time after the person leaves.¹

The form stays valid even if the identity document used to complete it has since expired. A U.S. Passport or a Permanent Resident Card (Green Card) does not trigger reverification after it lapses. Other work authorization documents do.²

When You Have to Reverify Work Authorization

Reverification is required when an employee’s temporary work authorization is about to end. This typically applies to non-citizens with time-limited status. Track the expiration dates listed in Sections 1 and 2, and complete reverification no later than the date the authorization expires. Knowingly continuing to employ someone who is no longer authorized to work is illegal and can carry significant penalties.³⁴

To reverify, use Supplement B, Reverification and Rehires (formerly Section 3). The employee shows an unexpired document from List A or List C proving continued work authorization. Supplement B also handles rehires: if you rehire someone within three years of the date their original Form I-9 was completed and their authorization is still valid, you enter the rehire date and sign, no new form needed. Past three years, the employee completes a brand-new Form I-9.⁵

How Long to Keep the Form After Employment Ends

Once someone leaves, you still have to retain their Form I-9. Keep it for the longer of:¹

Three years after the hire date, or
One year after the date employment ended.

A worker hired January 1, 2024 who leaves June 1, 2024 has a form you must hold until January 1, 2027 (three years from hire). If that same worker stayed until January 1, 2027, you’d keep the form until January 1, 2028 (one year after separation). Missing forms at an audit trigger paperwork violation fines. For 2025, penalties generally run from $288 to $2,861 per violation.¹⁶

The Blank Form Is a Different Question

A completed I-9 doesn’t expire, but the blank template does get updated. USCIS revises the form periodically, and not every older version is valid for new hires. Check the revision date printed at the bottom of the form rather than the expiration date on the template. Using an outdated version for a new hire can create compliance problems at inspection.⁷

Download the current version from the USCIS website. The template carries an expiration date and an Office of Management and Budget (OMB) administrative code, but that expiration doesn’t automatically mean the form is unusable. USCIS sometimes lets employers keep using an older version for a set window after a new one comes out. Move to the new version as soon as you can.⁸

1
USCIS. M-274 Handbook for Employers – Section: 10.0 Retaining Form I-9
2
USCIS. M-274 Handbook for Employers – Section: 6.0 Completing Supplement B, Reverification and Rehire
3
USCIS. M-274 Handbook for Employers – Section: 6.1 Reverifying Employment Authorization for Current Employees
4
Office of the Law Revision Counsel. 8 U.S.C. § 1324a
5
USCIS. Completing Supplement B, Reverification and Rehires
6
Federal Register. Civil Monetary Penalty Adjustments for Inflation
7
USCIS. Self-Audits and Correcting Mistakes
8
USCIS. USCIS Extends Form I-9 Expiration Date