If you rehire your employee within 3 years of the date that a previous Form I-9 was completed, you may either complete a new Form I-9 for your employee or complete Section 3 of the previously completed Form I-9.

Do you need a new i9 for rehire?

A new Form I-9 is required when the rehire date is more than 3 years from the date the Form I-9 was originally completed. For seasonal employees, a hire is not deemed to have taken place if the employees are deemed to be continuing in their employment and have a reasonable expectation of employment at all times.

Do you have to reverify a rehire?

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.

How long is an I-9 good for?

Federal regulations state you must retain a Form I-9 for each person you hire for three years after the date of hire, or one year after the date employment ends, whichever is later.

What paperwork should a rehire complete?

Form W-4 for former employees who are being rehired

It is a good idea to have the rehired employee fill out a new Form W-4 to verify that their information is current. The new Form W-4 should be stored in your records for at least four years from the date your rehired employee fills it out.

How to Comply with Section 3 of Form I-9 for Rehires & Reverification

How often do you need to reverify an I-9?

Employers are required to reverify an employee's documentation only when the employee's employment authorization document (EAD) or receipt has expired. Reverification should occur no later than the actual expiration date of the work authorization.

What makes someone not eligible for rehire?

Employees who left the organization due to termination of employment for cause should not be eligible for rehire. Employees who left the organization due to termination of employment for cause should not be eligible for rehire. This could include employees separated due to: Theft.

Are copies of I-9 documents acceptable?

May I accept a copy of a document from an employee? No. Employees must present original documents. The only exception is that an employee may present a certified copy of a birth certificate.

Should employers keep copies of I-9 documents?

If you choose to copy or scan documents an employee presents when completing Form I-9, you must retain the copies with their Form I-9 or their employee record.

Does Form I-9 expire?

Every time the government releases a new Form I-9, it sets an expiration date. This allows the government to make periodic updates to the form. We expect that U.S. Citizenship and Immigration Services (USCIS) will release a new version of the form before the expiration date on August 31.

When can an employer ask for I-9 documents?

The employer must complete Section 2 of Form I-9 by the end of the third business day, or within 72 hours after employment commences, even if the employee is not scheduled to work for some or all of that period.

Do seasonal employees have to fill out a I-9 every year?

Answer: According to the US Citizenship and Immigration Service website, if the seasonal worker is continuing in his or her employment and has a reasonable expectation of employment at all times, his or her return to work would not be considered a new hire, so a new Form I-9 is not required.

What happens if I-9 is not completed in 3 days?

If the new hire does not present acceptable identification documents by the end of three business days after the first day of work for pay, you may terminate the employee for failing to complete the I-9 form.

What is considered a rehire?

A rehiring policy involves bringing a former employee back onboard to work for the company. There are many situations where this would make sense: Voluntary resignation. Rehire after layoff.

How do you rehire an employee?

The Process to Rehire an Employee

1. The Offer Letter: Provide your rehire with a new offer letter. It should include the latest start date and any special terms. ...
2. Job Description: You should provide a job description, even if the rehire will return to the same role. ...
3. Form I-9:

How do you update or reverify I-9 forms?

When it is necessary to update or reverify Form I-9, employers should take the following steps:

1. Step 1: Ensure Documentation Provided Is Acceptable. ...
2. Step 2: Complete Section 3 of the Form I-9. ...
3. Step 3: Update Tracking Spreadsheet and Establish Need for Future Reverifications.

How do employers verify I-9?

Due to the coronavirus outbreak, DHS allowed remote I-9 verification of the original documents through an electronic medium, such as an online meeting, email, or fax, provided employers retain copies of the documents, and complete the Form I-9 within three business days of an employee starting work.

What triggers an I-9 audit?

An I-9 audit can be triggered for a number of reasons, including random samples and reporting by disgruntled employees (or ex-employees). Certain business sectors, for example food production, are especially susceptible to I-9 audits, and "silent raids" by ICE.

What do you do with the I-9 form once it is completed?

After you've completed the process of filling out the I-9, you must retain the form, either on paper or electronically. You must retain each individual's I-9 form for three years after their start date or one year after their last day of employment, whichever is later.

How do I verify I-9 for remote employees?

As part of the I-9 verification process, new hires fill out Section 1 of the I-9 and present appropriate documents to the employer to affirm their identity and prove employment eligibility. Employers must then evaluate whether the documents presented to them appear genuine and relate to the employee.

What happens if employee does not provide I-9 documents?

Failure to provide the I-9s for inspection is a violation of the employer sanctions laws and could result in the imposition of civil money penalties.

How long do you stay on the do not hire list?

For any company, if you are marked as a no rehire. It will stay in your file forever! They will always have it in their system.

Can terminated employee be rehired?

Employees who were terminated for cause or abandoned their job aren't eligible for rehiring. If there are good reasons why those employees should be rehired, senior management should first approve the decision. 'Good' reasons include but are not limited to: Court decisions that oblige our company to rehire an employee.

How long does a rehire check take?

This could take up to two weeks.

Can an employee continue to work with an expired employment authorization card?

To continue to employ an individual whose employment authorization has expired, the employee must present to the employer a document from either List A or List C that shows either an extension of his or her initial employment authorization or new employment authorization.