Updating 10 3 9
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Are seasonal workers considered rehires when the seasonal worker has every expectation to return to the job the following season, such as from one holiday season to another?Must the employee complete a new Form I-9 each season?
If the document that the employee chooses to present consists of a combination of documents (e.g., foreign passport with Form I-94 indicating the employee’s nonimmigrant classification that is work authorized incident to status for a specific employer), then all documents must be recorded in Section 3. You cannot refuse to hire persons solely because their employment authorization is temporary.The employee’s foreign passport establishes identity and therefore does not trigger reverification when it expires.In the case of a student, the Form I-94 and I-20 establish employment authorization.To continue to employ an individual whose employment authorization has expired, you will need to reverify him or her in Section 3 of Form I-9.Reverification must occur no later than the date that employment authorization expires.For additional information on continuing employment, refer to the M-274 (PDF) Part Two, Completing Section 3.
When a foreign national employee provides a List A document that includes a foreign passport, an I-94, and I-20, should/could we re-verify using more than one document under Section 3 or just one document at a time?You must review this document and, if it reasonably appears on its face to be genuine and to relate to the person presenting it, record the document title, number, and expiration date (if any), in the Updating and Reverification Section (Section 3), and sign in the appropriate space.If the version of Form I-9 that you used for the employee’s original verification is no longer valid, you must complete Section 3 of the current Form I-9 upon reverification and attach it to the original Form I-9. passport or passport card, an Alien Registration Receipt Card/Permanent Resident Card (Form I-551), or a List B document that has expired.The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted.In addition, consideration of a future employment authorization expiration date in determining whether an individual is qualified for a particular job may be an unfair immigration-related employment practice in violation of the anti-discrimination provision of the INA.The student is authorized to work until USCIS makes a decision on his or her application, but not more than 180 days from the date of the initial OPT EAD expiration date.