What should a Texas employer do if an employee work authorization document expires?
Reverify before it lapses — but only where the document class calls for it. Reverifying a green card is discrimination.
Last updated: August 02, 2026
Direct Answer
If an employee’s work authorization document expires, Texas employers must reverify the employee’s eligibility using Form I-9 before the expiration date. If the employee cannot provide valid updated documentation, the employer must stop work authorization and may need to terminate employment. This process protects your business from legal exposure while addressing the reality of managing workforce eligibility.
Controlling authority: USCIS Form I-9 and the Handbook for Employers (M-274). Document abuse is enforced separately by the DOJ Immigrant and Employee Rights Section, not only by ICE.
Reverify before expiry, and only where required
Reverification is a critical compliance step that requires employers to confirm continued work authorization once a document expires. This is not just a paperwork exercise; it directly impacts whether the employee can legally work. Employers should track expiration dates proactively and communicate clearly with employees about timely document renewal to avoid gaps that disrupt operations or risk penalties.
In practice, expiration of work authorization documents often creates tension between compliance demands and operational realities. Managers may feel pressure to keep employees working despite expired documents, but failure to reverify properly can expose the organization to fines and audits. Establishing clear, consistent procedures for document tracking and employee communication helps bridge this gap and reduces uncertainty.
| Rule | Requirement | Where employers go wrong |
|---|---|---|
| Section 1 timing | No later than the first day of employment, and not before the offer is accepted | Completing it at interview stage is itself a violation. |
| Section 2 timing | Within three business days after the first day of employment | Counted from the first day of work, in business days. A Monday start means Thursday. |
| Who chooses the documents | The employee, from the Lists of Acceptable Documents | Specifying, requesting extra, or rejecting valid documents is document abuse — enforced by the DOJ Immigrant and Employee Rights Section, separately from ICE. |
| Unexpired | Documents must be unexpired when presented | There is no general exception; the receipt rule is narrow and temporary. |
| Reverification | Only when employment authorisation expires | You never reverify a Permanent Resident Card or a U.S. passport. Doing so is discrimination. |
| Retention | Three years after the date of hire, or one year after termination, whichever is later | Employers apply the earlier date and destroy files that were still required. |
| Copies of documents | Optional, but the practice must be consistent for everyone | Copying for some employees and not others is evidence of discrimination. |
Never reverify a Permanent Resident Card or a U.S. passport
What I see employers miss most is failing to monitor expiration dates closely or relying on informal reminders. Without a reliable system, expired documents can go unnoticed until an audit or compliance check, creating avoidable liability. Another common miss is inconsistent application of reverification rules, which can lead to claims of unfair treatment or discrimination.
Employers also underestimate the importance of documentation. Simply asking for updated documents is not enough; records must be updated on Form I-9 correctly and retained according to federal rules. Overlooking these details turns what should be a routine compliance task into a significant operational risk that impacts leadership credibility and workforce stability.
Where reverification goes wrong
Ignoring or mishandling expired work authorization documents exposes Texas employers to several interconnected risks that can disrupt operations and damage legal standing.
- Allowing employees to work with expired authorization documents.
- Failing to reverify and update Form I-9 before expiration.
- Inconsistent tracking of document expiration dates across employees.
- Poor communication with employees about renewal responsibilities.
- Incomplete or inaccurate recordkeeping of reverification efforts.
Build the expiry tracker before the next hire
Start by reviewing your current process for tracking work authorization document expirations. This includes verifying who is responsible for monitoring, how reminders are issued, and how updates are recorded on Form I-9. Clear operational ownership reduces the chance of missed deadlines and strengthens compliance posture. Confirm that managers understand the legal necessity and practical steps involved in reverification.
Next, assess how your organization handles employee communication regarding expiring documents. Effective, consistent messaging that encourages timely document submission will ease pressure on managers and reduce last-minute compliance crises. Also, review your training materials and ensure HR and leadership have practical guidance tailored to real-world constraints, not just policy language.
| Item | Deadline | Note |
|---|---|---|
| Form I-9, Section 1 | No later than the first day of employment | Not before the offer is accepted. |
| Form I-9, Section 2 | Within three business days after the first day | Business days, from the first day of work. |
| Form W-4 | Before the first payroll run | Defaults apply if not returned. |
| Texas new hire reporting | Within 20 calendar days of the hire date | Reported to the state directory; commonly missed by small employers. |
| Handbook acknowledgement | Day one, and re-signed on material revision | The acknowledgement is what makes the policy enforceable later. |
| Direct deposit authorisation | Before the first payroll | Written authorisation is required for the deduction mechanics. |
| Emergency contact and confidentiality agreements | Day one | Keep medical or dependant information out of the personnel file. |
| Job description acknowledgement | Day one | Establishes the essential functions you will later rely on for ADA and exemption analysis. |
Estimates paperwork fine exposure across your actual form count.
When authorisation has already lapsed
Seek HR consulting support when your current reverification process is unclear, inconsistently applied, or causing employee relations challenges. Expert advice can help design practical, sustainable workflows that align legal requirements with operational realities, reducing risk and manager stress simultaneously.
Additionally, if your organization faces complex cases such as employees with temporary protected statuses or recurring expirations, professional guidance ensures compliance without disrupting your workforce. Early HR intervention can prevent costly enforcement actions and maintain leadership accountability.
Ensure Your Work Authorization Compliance Today
Managing expiring work authorization documents requires both legal precision and practical systems that work for your Texas business. Connect with Faulkner HR Solutions to develop clear, sustainable reverification processes that reduce risk and support your leadership teams.
Get HR HelpThis page provides general HR information for employers and is not legal advice. For legal interpretation or representation, consult qualified employment counsel.