Section 3 - Changes Which Affect Form I-9

Changing the Original Form I-9

Changes for Section 3 must be made on the original Form I-9.

If the original is not available, a new Form I-9 must be completed (Sections 1, 2, & 3). Do not submit a Form I-9 with only Section 3 completed.

If the previously completed I-9 is not available, all three sections of a new I-9 form must be completed in this manner:

• Complete sections 1 & 2 with the old visa and work permit data (with current signatures and dates for signing)
• Complete section 3 and provide the update
  • If the employee’s name has changed, record his/her new name.
  • If the employee is a re-hire (having any break in service in the past three years), the department may use a copy of the original Form I-9 (to record the employee’s current hire date if the items in list A, B, or C have not changed or expired).
  • If the employee’s work authorization date is extended, the department representative should record the new document title, document number, and expiration date.
• Section three cannot be used to change a resident alien’s status; i.e., from F1 to J1. The employee must complete a new Form I-9.

Section three must be signed and dated by the department representative.

Important Notes

The I-94 Arrival/Departure Record is an official document provided by the USCIS upon arrival into the country.

• The document is often stapled to the passport.
• The I-94 card is endorsed with the date, place of entry and class of admission (corresponds with the VISA).
• The I-94 indicates the length of time the entrant is permitted to stay and any applicable restrictions. If the dates are not noted on the I-94 card, the inspector writes D/S on the card indicating the status is valid for the duration of the program. Employers need to consult additional documentation to determine the start and end dates for legal employment: for F-1 students, see Form I-20; for J-1 students and scholars, see Form DS-2019; for H1B hires. <review> what about H1B? what form? <review>
• The inspector keeps the arrival portion of I-94 card. The entrant must keep the departure portion to leave and re-enter the United States.

Expired Authorization/Renewing Authorization

If an employee’s authorization should expire, the employee must present renewal information on either a new Form I-9 or an update to Section 3 of the original Form I-9 (see instructions above).

For a change in non-immigrant classification, the employee needs to complete a new Form I-9.

If renewal information is not supplied, the employee must be terminated immediately upon expiration of the USCIS United States Citizenship and Immigration Services) Authorization Date. The employee must be taken off payroll! Failure to remove an unauthorized employee from the payroll could subject the employer and the employee to steep penalties under USCIS guidelines.

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