FN34.   If the employee was previously verified in E-Verify, update or reverify this employee in accordance with Form I-9 regulations, such as when their biographical or immigration status changes.  These employees may not be reverified in E-Verify. 

Employers have two options for updating existing employees on Form I-9.  The first option is to complete new Forms I-9 for those existing employees that need to be verified, applying the current Form I-9 rules.  Verifying all employees in the same way helps to avoid possible discrimination claims.  This approach has the added benefit of being the same process used for newly hired employees. 

The second option is to complete new Forms I-9 when necessary and update existing ones when allowable.  Do this by reviewing your employees’ previously submitted I-9 Forms to determine which employees must be verified on a new Form I-9; and which can be verified by updating their existing Form I-9.  When this option is selected, a new Form I-9 must be completed if the employee: presented an expired document on a previous Form I-9; is an alien whose employment authorization stated in Section 1 of Form I-9 has expired; presented a List B document that did not have, or you are unable to tell if it had, a photo; was at the time of attestation a Noncitizen National of the U.S; had a change in immigration status; changed his name; or did not comply with I-9 requirements when the form was previously completed.