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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.

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

Summary

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“

Now, the required disclaimer: We are an Employer Agent of the E-Verify program and Form I-9 consultant. We are NOT the E-Verify program nor any government agency. Although we are very experienced in the law and regulations regarding Form I-9, the information that we have provided is not legal advice, neither expressed nor implied. You should consult with legal counsel or the appropriate government agency before acting on this information or for any employment law matter. Our assistance to you today does not create an agency or other business relationship where one does not already exist.

This article may have been written with the assistance of AI. While we have made every effort to verify the information presented, it may contain errors. You should independently verify this and any other article published at our site.