No. An expired passport, U.S. or foreign, is not an acceptable document for Form I-9. The employee has to present something that is unexpired, and the employer cannot accept the expired one even if it looks fine and the person is clearly who they say they are.
Expired documents do not count for Section 2. The employee can choose any other acceptable document that is still valid, from List A, or one from List B plus one from List C. The employer cannot tell them which one to bring.
Why an expired passport does not work
Section 2 asks for the document title, issuing authority, document number and expiration date, and the examiner has to confirm the document is current and appears genuine. USCIS guidance for employers states that expired documents cannot be accepted. A U.S. passport is a List A document only while it is unexpired. The same is true of a foreign passport with the required stamp or Form I-94, a permanent resident card, and an employment authorization document.
What the employee can bring instead
- An unexpired U.S. passport card, if they have one.
- An unexpired driver license or state ID (List B) together with a Social Security card or an original or certified birth certificate (List C).
- Any other acceptable List A document that is still valid.
The full lists are in our acceptable documents guide, and the documents checklist explains what to bring to the appointment.
The exception: automatic extensions
One real exception: some employment authorization documents stay valid past the printed date because DHS published an automatic extension. In that case the document, often with a receipt notice such as Form I-797C, is acceptable for the extension period. This applies to specific work permit categories, not to passports. If you are not sure whether an extension covers a document, check the current USCIS guidance before rejecting or accepting it.
Does an expired passport matter later?
For a U.S. citizen, a passport that expires after the I-9 was completed never triggers reverification. Citizens and permanent residents are not reverified. Reverification applies only to employees whose work authorization expires. See reverification and Supplement B.
What is the “issuing authority” on the I-9?
Section 2 asks who issued each document. For a U.S. passport that is the U.S. Department of State. For a driver license it is the state agency that issued it, such as the New York State DMV. For a Social Security card it is the Social Security Administration. For a foreign passport it is the issuing country. Entering the wrong issuing authority or leaving it blank is a common Section 2 error, which is why an audit checklist checks it.
What if the employee only has an expired passport?
They should not be turned away, and the employer should not reject the expired document and then demand a specific replacement. Tell them the I-9 must be completed within three business days of their start date (see the three-day rule) and that they may choose any acceptable unexpired document. If they have proof of applying for a replacement, a receipt for a lost, stolen or damaged document is acceptable temporarily for a limited time, and the employee must present the actual document later.
We act as your authorized representative, check expiration dates and issuing authority, and complete Section 2 in person across the five boroughs. From $45 per employee.
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Frequently asked questions
Can I use an expired passport for Form I-9?
No. The passport must be unexpired. Choose another acceptable unexpired document or combination.
Can an expired U.S. passport be used as List B or List C?
No. Expired documents are not accepted in any list.
Can an employer ask for a passport specifically?
No. The employee decides which acceptable documents to present. Requiring a specific document can lead to a discrimination claim.
Does a passport that expires next month still work?
Yes, if it is unexpired on the day it is examined. A U.S. citizen does not need to be reverified when it later expires.
What is a Form I-797C and can it replace a document?
It is a USCIS receipt notice. It is accepted with an expired work permit only when an automatic extension applies. It is not a standalone replacement for a List A document.
This is general information, not legal advice. I-9 rules are set by USCIS and can change. Confirm current guidance before relying on this.
More on I-9: I-9 verification in NYC, who can verify an I-9, I-9 verification for employers.