When is an employer required to complete a new Form I-9?

An employer is required to complete a new Form I-9 when the employee's work authorization has changed or expired. The purpose of the Form I-9 is to verify an employee’s identity and authorization to work in the United States. If an employee's work authorization expires or if there is a change in their authorization status (for example, a change in visa status), it is crucial to document this update to ensure compliance with immigration laws. This requirement helps maintain accurate records and ensures that all employees are authorized to work as long as their employment continues.

In contrast, while a missing form may prompt an employer to locate or reconstruct records, it does not necessarily require the completion of a new Form I-9 unless work authorization has changed. Similarly, the lack of a signature on the form does not automatically trigger the need for a new form if the initial form is still valid. Lastly, if an employee leaves the company and then returns, a new Form I-9 is typically not required unless there has been a significant gap in employment or a change in their work authorization status since the departure.