I-9 Reverification in NJ: What Your Employer Can and Can't Demand When Your Work Authorization Expires

Completing the I-9 process at hiring isn’t always the end of the employer's obligations. When work authorization expires, employers may need to complete reverification. The process must still comply with federal anti-discrimination rules protecting authorized workers from unfair demands and immigration-related discrimination. 

While employers can use I-9 reverification to confirm ongoing work authorization, they cannot use the process to require specific documents or add unnecessary requirements. 

Employers focus on compliance obligations as expiration dates approach. Many of the workers who reach out to our team at Brandon J. Broderick describe being asked for unnecessary papers or told to reverify too early. Mistakes during the reverification process frequently create discrimination concerns, especially when workers are treated differently based on citizenship status or immigration history. s

This article explains how I-9 reverification works when work authorization expires, what employers are legally required to verify, what requests cross the line, and when to consult an employment lawyer in New Jersey.

Understanding I-9 Reverification Requirements in New Jersey Workplaces

Every employer in the U.S. has to complete Form I-9 within three days of hiring a new worker. The form verifies identity and employment authorization. 

Reverification is the separate process for confirming a worker's continued authorization when an existing work permit is set to expire. It’s recorded on Supplement B of Form I-9 and gets attached to the worker's original I-9.

USCIS requires reverification no later than the date the employment authorization expires. The employee presents a document showing current employment authorization. It includes anything from List A or List C and an unrestricted Social Security card. 

Reverification applies only when an employee's work authorization has an expiration date. Some employers re-verify people they shouldn't. The following groups do not require reverification:

• U.S. citizens and noncitizen nationals — their employment authorization doesn't expire
• Lawful permanent residents who presented a Form I-551 (green card) for the original I-9 — the card has an expiration, but the underlying status doesn’t
• Workers whose identity forms from List B (driver's license, state ID) have expired — List B expirations never trigger reverification
• Employees whose U.S. passports have expired

A common mistake from HR departments is treating an expired driver's license or an expired green card the same way they would treat an expired Employment Authorization Document (EAD). 

If a worker leaves and comes back within three years of the original I-9, the employer records the rehire on Supplement B. After three years, the worker completes a new form. These policies share the same supplement, but they're triggered by different events.

USCIS recommends employers send a reminder at least 90 days before reverification is due, so workers have time to renew documents. E-Verify isn’t used for reverification. It's a tool for initial hire only.

Expiring Work Authorization and New Jersey Employee Rights

I-9 reverification requires employers to accept any qualifying document the employee chooses to present.

USCIS publishes a List of Acceptable Documents that workers use to satisfy reverification. List A establishes both identity and employment authorization. Common examples include:

• U.S. passport
• Permanent Resident Card (Form I-551)
• Employment Authorization Document (Form I-766)

List C proves employment authorization but not identity. This includes:

• An unrestricted Social Security card
• Certain Form I-94 employment authorization endorsements
• Other qualifying Department of Homeland Security papers

The employee decides which acceptable paperwork to provide for reverification. After reviewing, the employer:

• Records the document information on Supplement B
• Signs and dates the form
• Retains Supplement B with the original I-9 record

Employers retain some authority within those limits. They are allowed to reject a document that doesn't reasonably appear to be genuine or doesn't relate to the person presenting it. They can also reject a restricted Social Security card and ask for an alternative from List A or C. Reminding workers of upcoming reverification deadlines is permitted, and so is asking clarifying questions about a document's appearance. Those responsibilities receive greater attention when an employer is preparing for or responding to an ICE audit. 

Employers aren’t allowed to do:

• Demand a specific paper when other valid records would satisfy the requirement
• Request more information than the I-9 requires
• Reject reasonably genuine-looking documents based on the worker's accent, name, appearance, or country of origin
• Require non-U.S. citizens to produce green cards
• Require U.S. citizens who "look foreign" to produce birth certificates or U.S. passports
• Reverify U.S. citizens, noncitizen nationals, or lawful permanent residents who presented an I-551 — none of those workers should be reverified at all

These prohibitions come from the Immigration and Nationality Act. The Immigrant and Employee Rights Section (IER) of the U.S. Department of Justice's Civil Rights Division enforces them. IER handles citizenship discrimination claims against employers with four or more employees. Its authority also extends to situations where workers are pressured to resign after questioning employment verification practices. 

Document Reverification Rules and Discrimination Claims in New Jersey

Federal law prohibits employers from demanding specific documents because of a worker's citizenship status or national origin. Those actions are considered unfair documentary practices and are handled differently from hiring or wrongful termination claims. Immigrant workers are often singled out because of their background and face extra scrutiny or questioning from coworkers and supervisors. Many of the cases we handle at Brandon J. Broderick start when employers step past these limits. 

According to USCIS guidance, unfair documentary practices fall into three categories:

• Asking for more information than the I-9 process requires
• Insisting on a specific document, such as a green card
• Refusing paperwork that reasonably appears genuine and belongs to the employee

Federal law under 8 U.S.C. § 1324b applies when those actions are based on a worker's national origin or status. 

The enforcement has been active. On December 4, 2024, the IER settled a case with Watercrest Community Management. The agency concluded that the company improperly rejected a worker's valid work authorization document and requested additional forms because of her citizenship status. The company agreed to pay a civil penalty, revise its policies, train employees, and participate in two years of departmental monitoring. 

A similar settlement followed on June 17, 2024. The IER reached an agreement with Selective Personnel Inc., a Southern California staffing company that required non-U.S. citizens to produce specific paperwork. The terms included civil penalties, mandatory policy changes, and three years of monitoring.

New Jersey workers have a second layer of protection through the New Jersey Law Against Discrimination (NJLAD). 

NJLAD protects workers from discrimination based on national origin and ancestry. These protections extend to caste or accent bias. The New Jersey Division on Civil Rights enforces the law for residents regardless of immigration status. Complaints are filed with the Division within 180 days of the discriminatory conduct. 

Federal IER charges have the same filing window. A worker pursuing a discrimination claim picks the agency that fits the situation best. Federal complaints produce civil penalties payable to the United States. NJLAD complaints produce remedies including back pay, reinstatement, compensatory damages, and attorneys' fees.

Workers are protected when they raise concerns about I-9 documentation issues. An employer who responds with termination, demotion, reduced hours, or threats may create a separate retaliation claim under federal and state law. This claim moves forward even if the original documentation problem is eventually fixed. The stakes are higher for H-1B workers, who may be navigating the 60-day grace period following a job loss. 

In 2024, the EEOC handled more than 248,000 inquiries and recovered nearly $700 million in monetary relief for workers. 

Employee Rights and Reverification Rules After the 2025-2026 Rule Changes

Until late 2025, timely-filed renewals received automatic extensions. USCIS allowed existing documents to remain valid for up to 540 days while renewal applications were pending, reducing interruptions for both workers and employers. 

The Department of Homeland Security changed the rules by ending the automatic 540-day extension for most EAD renewal applicants. The new rule applies to renewal applications filed on or after October 30, 2025. 

The agency cited national security and vetting concerns. Workers filing renewals after this date now have to wait for USCIS approval. Some categories still qualify for automatic extensions. For example, applicants who timely filed renewals before October 30, 2025, remain eligible for the full extension.

USCIS made another significant change in December 2025 by reducing the maximum validity period for newly issued EADs from five years to 18 months. Workers in many categories, including C09 adjustment-of-status applicants, now receive shorter authorization periods. The shorter validity dates lead to more frequent renewals and additional reverification requirements.

For New Jersey workers, these rule changes affect day-to-day employment. If an EAD expires in 2026 and the renewal application was filed after October 30, 2025, work authorization may end when the card expires. In our experience, employers are often less flexible about these situations. Federal law imposes serious penalties for continuing employment without valid work authorization. 

Workers should focus on the EAD expiration date, the renewal filing date, and any automatic extension rules that apply to their category. Employers still must follow federal and state anti-discrimination rules during the process. Problems develop when employers demand specific documents, request unnecessary paperwork from foreign-born workers, or make employment decisions before determining whether an extension or exception applies. 

If you lost a job or faced workplace issues related to I-9 reverification, contact us today for a free consultation.