Rehires, I-9s and E-Verify

Document created by 1050210 on Nov 13, 2014
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Published Date: 07/28/2014

 

Pat; Rountree

By Pat Rountree

 

The rules on rehires, I-9s and E-Verify can be very confusing – you can use the original I-9 if they were rehired within three years, if their employment eligibility has not expired, and if the original I-9 form is the latest version.

 

Once you work through that one, if you are required by NC or federal law to use E-Verify, or you have chosen to use it even though not covered, the E-Verify rules state:

 

  • 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 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.

 

CONFUSED?

 

All of this confusion on rehires, I-9s and E-Verify can be greatly simplified. According to attorney Bernhard Mueller with the Ogletree Deakins law firm: for rehires (they are still new hires), complete a new I-9 and create a case in E-Verify if you are required by law or have voluntarily opted to use E-Verify.

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