E-Verify USER MANUAL

2.1.2 REHIRES

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 3 for all 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.

If you rehire a former employee within three years of the initial execution of the previous Form I-9, but did not create an E-Verify case, or if you created a case and did not receive a result of employment authorized, have the employee complete a new Form I-9 and create a case in E-Verify.

If you rehire a former employee within three years of the date of the initial execution of the previous Form I-9, created a case from that Form I-9, and received a result of employment authorized, you may be able to rely on the information from the employee’s previous Form I-9. Follow the steps outlined below when rehiring an employee who previously had a case created in E-Verify and received an employment authorized result.

If the previously created E-Verify case received a result of employment authorized and the Form I-9 has: Then:
No expired documents Write the employee’s rehire date in Section 3 of the existing Form I-9. Do not create a new case in E-Verify.
or
Complete a new Form I-9 for the employee and create a new E-Verify case for the employee.
An expired:
  • U.S. passport or
  • U.S. passport card or
  • Permanent Resident Card or
  • Alien Registration Receipt Card (Form I-551)
  • List B document
Write the employee’s rehire date in Section 3 of the existing Form I-9. Do not create a case in E-Verify.
or
Complete a new Form I-9 for the employee and create a new E-Verify case for the employee.
An expired List A or List C document that triggers reverification Write the employee’s rehire date and the updated employment authorization document information in Section 3 of the existing Form I-9. Do not create a case in E-Verify.
or
Complete a new Form I-9 for the employee and create a new E-Verify case for the employee.

See the Handbook for Employers M-274, Section 5.2 Reverifying or Updating Employment Authorization for Rehired Employees for more information on rehires.

REMINDER
  • Do not specify or request which document a newly hired employee must use for Form I-9.
  • If the employee presents a U.S. passport, a passport card, a Permanent Resident Card (Form I-551) or an Employment Authorization Document (Form I-766), and you will create a new E-Verify case for the employee, make a copy of the document and retain it with Form I-9.
Last Reviewed/Updated: