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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

Consult The Handbook for Employers: Guidance for Completing Form I-9 (M-274) for more information on rehires.

Last Reviewed/Updated: 
04/09/2014