Should I Verify Rehires in E-Verify?

Employers will often rehire workers that they had employed previously. The question arises– whether or not employers should check rehires in E-Verify. 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.

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.

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

This page offers guidance on when to update the I-9 form when rehiring.

This page was last updated on August 27, 2013.