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E-Verify and Rehires

If we rehire a former employee, should we verify them again in E-Verify?

Whether or not you verify the employee you just rehired in E-Verify depends on a couple of factors; primarily, whether you treat the employee as a new hire or a rehire and the results of the previous E-Verify verification, if any.

“Employers have the option of treating all rehired employees as new hires by completing a new Form I-9 and creating a case in E-Verify. However, employers also have the option of completing Section B, Reverification and Rehire, for rehires and only completing a new Form I-9 and creating an E-Verify case upon rehiring employees for whom no previous E-Verify cases were created.”

States other ways:

  • If you want to verify the employee in E-Verify again, you must treat them as a “new hire” and complete a new I-9.
  • If you complete a new I-9, you are treating the employee as a “new hire” and must verify them in E-Verify, per the MoU.
  • If you didn’t verify the employee in E-Verify at the first hiring (were not yet enrolled) or they were deemed to be not authorized to work, you should treat them as a “new hire” and complete a new I-9 and E-Verify verification.
  • If the employee was successfully verified in E-Verify when first hired and their original form qualifies under the general rules for a Supplement B (formerly Section 3) update, you can treat them as a “rehire” and not complete a new I-9 or second E-Verify verification.

The USCIS guidance seems to indicate that the employer must have a written policy to minimize discrimination in the rehiring process. The guidance also seems to indicate that employers can either 1) determine “rehire” or “new hire” on a case-by-case basis, or 2) opt to treat all rehired employees as “new hires” by completing a new I-9 and E-Verify verification.

See this page at the USCIS website for more information.

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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.