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. However, employers also have the option of completing Supplement B, Reverification and Rehire, for rehires and only completing a new Form I-9 and creating an E-Verify case upon rehiring employees for whom no previous E-Verify cases were created.
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, 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 case in E-Verify.
If you rehire a former employee within three years of the date of the initial execution of the previous Form I-9, created a case from that Form I-9, and received a result of employment authorized, you may be able to rely on the information from the employee’s previous Form I-9. Follow the steps outlined below when rehiring an employee who previously had a case created in E-Verify and received an employment authorized result.
| If the previously created E-Verify case received a result of employment authorized and the Form I-9 has: | Then: |
|---|---|
| No expired documents | Write the employee’s rehire date in Supplement B of the existing Form I-9. Do not create a new case in E-Verify. or Complete a new Form I-9 for the employee and create a new E-Verify case for the employee. |
An expired:
| Write the employee’s rehire date in Supplement B of the existing Form I-9. Do not create a case in E-Verify. or Complete a new Form I-9 for the employee and create a new E-Verify case for the employee. |
| An expired List A or List C document that triggers reverification | Write the employee’s rehire date and the updated employment authorization document information in Supplement B of the existing Form I-9. Do not create a case in E-Verify. or Complete a new Form I-9 for the employee and create a new E-Verify case for the employee. |
Do not specify or request which document a newly hired employee must use for Form I-9.
If the employee presents a U.S. passport, a passport card, a Permanent Resident Card (Form I-551) or an Employment Authorization Document (Form I-766), and you will create a new E-Verify case for the employee, make a copy of the document and retain it with Form I-9.
See the Handbook for Employers M-274, Section 6.2 Reverifying or Updating Employment Authorization for Rehired Employees for more information on rehires.