What should an employer do if an employee shows an expired document?

The appropriate action for an employer when an employee presents an expired document is to retain the I-9 until proper documentation is provided. The I-9 form is a crucial part of the employment verification process, and using expired documents does not comply with the regulations set forth by the U.S. Citizenship and Immigration Services (USCIS).

Under the I-9 process, employees must provide documents that establish both identity and eligibility to work in the United States. These documents must be valid and unexpired. When an expired document is presented, the employer cannot accept it as it does not fulfill the required verification criteria. Therefore, the employer should retain the I-9 and allow the employee an opportunity to provide valid, unexpired documentation.

This aligns with the legal obligations that employers have to ensure that they are verifying the employment eligibility of their hires accurately. Accepting expired documents could lead to compliance issues and potential legal ramifications for the employer.