Employers will often rehire workers that they had employed previously. The question arises– whether or not employers should check rehires in E-Verify.
Checking rehires in E-Verify: Yes or No?
The following summarizes the law and regulations on this topic; you should check the Handbook for Employers: Instructions for Completing Form I-9 for additional guidance.
Rehire within three years
If you rehire a former employee within three years of his or her previous hire date, you may rely on the information on his or her previous Form I-9. If no updates to the previously completed form are necessary and the form indicates that the individual is still eligible to work, you do not create a new case for the employee in E-Verify.
Rehire after three years
If you rehire a former employee when three years has passed since the original Form I-9 was completed, you should treat as a new employee. You will complete Form I-9 again and verify the new hire in E-Verify.
Previously verified rehires in E-Verify
If you rehire an employee for whom you never created an E-Verify case and the employee’s previous Form I-9 lists an expired identity document (List B), then you must complete a new Form I-9 and create a case for the employee in E-Verify.
If you rehire an employee for whom you created an E-Verify case and the employee’s previous Form I-9 lists an expired identity document (List B), then you may either:
- Complete Section 3 of the employee’s previous Form I-9 and not create a new case for the employee in E-Verify, or
- Complete a new Form I-9 for the employee and create a new case for the employee in E-Verify
Generally, you will not verify a rehire who was previously verified in E-Verify. If the rehire’s List B document is now expired or the employee was not previously verified, you have options. If more than three years have passed since the first I-9 was completed, you will treat the employee as a new hire by completing a new Form I-9 and verifying her in E-Verify.
This page offers guidance on when to update the I-9 form when rehiring.
Also “Rehires and E-Verify“