Can HR Accept an Expired Document When Completing Form I-9?

For example, Temporary Protected Status (TPS) beneficiaries whose Employment Authorization Documents (Forms I-766) appear to be expired may be automatically extended in a Federal Register notice. These individuals may continue to work based on their expired Employment Authorization Documents (Forms I-766) dur­ing the automatic extension period specified in the Federal Register notice. When the automatic extension of the Employment Authorization Document (Form I-766) expires, you must reverify the employee's employment authoriza­tion. In addition, you may accept an expired Permanent Resident Card (Form I-551) along with a Form I-797, Notice of Action, that indicates that the card is valid for a specific length of time.

For more information on acceptable documents for verifying employment authorization and identity, including examples from the Form I-9 lists and guidance on receipts and expired documents, please refer to the comprehensive guide on Acceptable Documents for Verifying Employment Authorization and Identity.

NOTE: Some documents, such as birth certificates and Social Security cards, do not contain an expiration date and should be treated as unexpired.