Please reload

Recent Posts

Pizzerias, LLC Ordered to Pay Fines and Train HR for Immigration-related Discrimination

March 27, 2017

1/9
Please reload

Featured Posts

Documenting Work Authorization on I-9 with Machine Readable Immigrant Visa

November 10, 2016

 

 

 

 

 

 

 

 

In conducting an I-9 audit this week, the following question arose: If a former employee is rehired, does the employer need to fill out a new Form I-9? Does the employer need to E-verify him again? Does it matter if the employee’s identity document is still valid?

 

 

This is the situation:
 

Employee was hired in 2014. Employer properly completed an I-9 and created an E-verify case when employee was hired. Employee quit in 2015. Employer stored the original I-9 in a binder for terminated employees. Employee is now rehired in 2016. The identity document he used in 2014 is still valid.
 

Questions:


Does the employer have to complete a new Form I-9? Does the employer have to E-verify this employee again? Does it matter if the identity document the employee presented for the original I-9 is now expired?


Answer:


According to USCIS, “if you rehire a former employee within three years of his previous hire date, you may rely on the information on his previous Form I-9.“


So, no the employer would NOT have to complete a new I-9 for an employee rehired within 3 years of his first date of hire. The employer would only have to complete the “rehire” portion of Section 3 of the original Form I-9 that the employee completed when he was first hired. However, IF the employer chooses to complete a new Form I-9 on this rehired employee, then the employer would also have to run a new E-verify case on this employee as well.


Answer regarding expired vs. non-expired identity document used in original I-9:


USCIS provides specific guidance on when to create a new E-verify case for a rehired employee whose identity document used on the original I-9 is now expired. USCIS does not provide guidance on when an employer has to create a new E-verify case for an employee whose identity document is still valid.

 

If the identity document the employee used in the original I-9 when first hired is now expired, USCIS specifically gives employers the option to run or not run a new E-verify case. If the employer chooses to complete a new I-9 on the rehired employee, the employer must also create a new E-verify case. If the employer chooses to update Section 3 of the original I-9, the employer does not have to create a new E-verify case.


Based on USCIS’s guidance that employers do NOT have to run e-verify on rehires with expired identity documents, we can infer that employers also do NOT have to run E-verify on rehires with still valid identity documents.


The specific language from USCIS guidance (with my emphasis added) is below:


“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:

1. Complete Section 3 of the employee’s previous Form I-9 and NOT create a new case for the employee in E-verify, OR
2. Complete a new Form I-9 for the employee AND create a new case in E-verify.”


      Sources: uscis.gov/e-verify/questions. Handbook for Employers: Guidance for Completing Form I-9 (M-274)

       

       

       

       

       

       

       

      Leyla Galmarini McMullen, Business Immigration Attorney
      MDIVANI CORPORATE IMMIGRATION LAW FIRM

      7007 College Blvd., # 460, Overland Park, KS 66211 USA
      Phone :: 913.317.6200
      Email :: LMcMullen@uslegalimmigration.com

       

      Share on Facebook
      Share on Twitter
      Please reload

      Follow Us
      Please reload

      Search By Tags