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Rehiring Employees and the Form I-9

Question: What should I do if I rehire a person who previously filled out a Form I-9?

Answer: If the following criteria are met, you may reverify the employee by simply using Section 3 of the Form I-9:

  1. The employee's Form I-9 is a version that is currently acceptable;

  2. You rehire the person within 3 years of the date that the Form I-9 was originally completed; and

  3. The employee is still authorized to work.

If the version of Form I-9 that you used for the employee's original verification is no longer valid, you must complete Section 3 of the current Form I-9 upon reverification and attach it to the employee's original Form I-9. The employee must provide any document(s) he or she chooses from the current Lists of Acceptable Documents, which you must record when completing Section 3 of the current version of Form I-9. Following the steps for rehires from the M-274 I-9 Employer Handbook, employers will first need to pull the employee’s original Form I-9 form from the Terminated Employees file. The I-9 administrator should now store this I-9 with the Current Employees I-9s along with any new section of the Form I-9 completed at rehire. It is important that employers understand proper rehiring procedures, as it can be one of the more confusing parts of the I-9 process and often becomes the basis for serious fines that can be prevented by proper training. Also remember that the rehire date is considered the date of hire for destruction of the I-9 ,three years after date of hire or one year after termination, whichever is later. For the additional tips and real-time updates on the constantly changing rules of immigration law, check out our Mdivani Corporate Immigration Update.

For valuable training to ensure you and your company are protected against government audits and inspections, register for a live webinar or in person training by licensed business immigration attorneys.

Mason Ellis | Training Specialist CORPORATE IMMIGRATION COMPLIANCE INSTITUTE 7007 College Blvd., # 460, Overland Park, KS 66211 USA Phone :: 913.317.6200 Email

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