What documents should an H-1B worker present for I-9?

H-1B workers typically present List A documents: either (1) Unexpired EAD card (Form I-766), or (2) Foreign passport + Form I-94 with H-1B notation + approved I-797 H-1B petition. The passport, I-94, and I-797 combination serves as a List A document for H-1B workers.

When must an H-1B worker's I-9 be reverified?

Reverification is required before the current employment authorization document expires. For H-1B workers, this means before the I-94 expiration date (or I-797 expiration, whichever controls). Employers should calendar reverification reminders 90 days before the expiration.

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I-9 Compliance for H-1B Workers: Every Document, Deadline, and Reverification Rule

I-9 errors are the most common compliance violation for employers, and H-1B workers have extra complexity with reverification, extensions, and cap-gap situations. Here's the complete guide.

By Sumit PatelUpdated May 202613 min read

H-1B I-9 Documents: What Is Acceptable?

Form I-9 requires employees to present documents proving identity and employment authorization. H-1B workers typically present documents that serve both purposes (List A):

Documents	Notes
Foreign passport + I-94 with H-1B status + I-797 approval notice	Most common combination for initial H-1B employment
EAD card (Form I-766)	Used when H-1B worker has EAD, less common; usually OPT-related
US Passport (if naturalized)	If worker became a citizen
Permanent Resident Card (if LPR)	If worker has a green card
Foreign passport + I-94 with cap-gap notation + I-20	Specific to cap-gap periods
Foreign passport + I-94 (H-1B transfer receipt pending)	During H-1B portability period, include I-797C receipt notice

I-9 Reverification for H-1B Workers: When and How?

Unlike permanent residents or US citizens, H-1B workers have time-limited employment authorization. Employers must reverify work authorization before the I-94 (or I-797) expiration date. Best practice is to set reverification reminders 90 days in advance.

For reverification, the employer (or employer's representative) and employee complete Section 3 of Form I-9. The employee presents new evidence of continued employment authorization, typically the new I-797 approval notice and updated I-94. Do not create a new I-9 form for a reverification; use Section 3 of the existing I-9.

If the H-1B extension petition is pending and the I-94 has expired, the H-1B portability provision (if all requirements are met) allows continued work. In this case, present the I-797C receipt notice as evidence of continued authorization for up to 240 days past the I-94 expiration.

The 240-Day Rule: Working While H-1B Extension Is Pending

Under 8 CFR 274a.12(b)(20), an H-1B worker whose employer timely filed a petition to extend their H-1B status may continue working for up to 240 days after the I-94 expiration date. The conditions are:

The extension petition was filed BEFORE the current I-94 expired
The worker is continuing to work for the same employer
The petition is still pending (not denied)
The 240 days have not elapsed

Remote I-9 Verification: What Changed After COVID?

During COVID, DHS allowed remote (video-based) I-9 document inspection for remote-work hires. As of 2023, DHS established an Alternative Procedure for remote I-9 verification for employers enrolled in E-Verify. Key points:

Employer must be enrolled in E-Verify
Employer examines documents via live video link
Employee must transmit front and back copies of documents
Employer must notate "Alternative Procedure" in the Additional Information field of Section 2
Remote verification does not replace E-Verify, both must be completed

Common I-9 Errors for H-1B Workers and How to Fix Them

Error: Using an expired I-94

Fix: Present the I-797 approval notice with the valid period. The I-94 date and I-797 approval both matter, use whichever shows the authorized period correctly.

Error: Employer failed to reverify before I-94 expired

Fix: Complete a late reverification in Section 3 with a note. Late reverification with a good-faith explanation is better than no reverification. For major gaps, consult an employment attorney.

Error: Employer wrote wrong date in Section 2

Fix: Draw a single line through the error, write the correction, initial and date. Never use white-out or correction fluid on an I-9.

Error: Employer demanded specific documents (e.g., green card)

Fix: This is document discrimination. Accept any valid document the employee presents from the acceptable document lists.

Error: Missing I-9 entirely for an H-1B employee

Fix: Prepare the I-9 now (late). Document that it was prepared late. For E-Verify employers, a late I-9 means E-Verify cannot be completed, consult legal counsel.

H-1B I-9 FAQ

Authority Sources

Sumit Patel

Immigration Tech Researcher · H1B Visa Jobs

Sumit covers I-9 compliance, E-Verify, and employment verification requirements for H-1B employers and workers, tracking DHS policy updates and ICE enforcement trends.