Any document presented by an employee for Form I-9 must be unexpired on its face (see exception below). If the document entered into E-Verify was expired when the employee was hired, E-Verify will reject the document information and not create a case. The employee will need to present acceptable unexpired document(s) and you will need to update Form I-9 before you can create a case in E-Verify.
Just because the employee presented an expired document does not mean that the employee is not authorized to work. E-Verify will confirm the employment eligibility of this employee once you obtain an unexpired document and create the case.
In limited situations for Form I-9, you may accept a document that appears expired on its face. When a Temporary Protected Status (TPS) designation for a particular country is extended, DHS sometimes automatically extends the expiration date of Employment Authorization Documents (EAD, Form I766) issued to affected TPS beneficiaries via notice published in the Federal Register. For information on this exception, visit www.uscis.gov/tps.
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