We are often asked, in regards to rehires, if a new Form I-9 or E-Verify case is required. Employers have the option of treating all rehired employees as new hires by completing a new Form I-9 and creating a case in E-Verify. This may be the best practice because you will always have your bases covered. The only downside is the time it takes to perform the possible repetitive work.
If you rehire a former employee within three years of the initial execution of the previous Form I-9 but did not create an E-Verify case and receive an ‘employment authorized’ response (maybe you were not required back then and you are now required), or if you created a case and did not receive a result of ‘employment authorized’, have the employee complete a new Form I-9 and create a new case in E-Verify.
If you rehire an employee within three years of the date that a previous Form I-9 was completed and you did previously receive an employment authorized approval from E-Verify, you have the option of simply completing Supplement B on the original Form I-9. Be sure 1) the employee is still authorized to work (with previously-provided authorization documents are not expired), 2) that if the authorization is expired (List A or List C document), you request a current unexpired document and enter the document information in the space provided, 3) the date of the rehire is entered in the space provided, 4) Supplement B is dated and signed.
As you can see, the rules can be complicated, so a best practice of completing a new Form I-9 and creating a new E-Verify case for the rehire, will not hurt.
For more details about rehires, visit the U.S. Citizenship and Immigration Services website at: https://www.uscis.gov/i-9-central/completing-form-i-9/completing-supplement-b-reverification-and-rehires-formerly-section-3Or the E-Verify website for rehires at: https://www.e-verify.gov/e-verify-quick-reference-guide-for-employers-30-initial-verification-31-form-i-9-and-e-verify/312
While we make every attempt to ensure the accuracy and reliability of the information provided in this document, the information is provided “as-is” without warranty of any kind. Romeo Chicco or PayMaster, Inc does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained. Consult with your CPA, Attorney, and/or HR Professional as federal, state, and local laws change frequently.
