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If an employer acquires new employees through a merger or acquisition and chooses to treat those employees as new hires, may the company create a case in E-Verify for those employees?

Yes, employers who acquire another company or merge with another company may choose to treat employees who continue being employed with the related, successor, or reorganized employer as new hires, and complete new Forms I-9 and create cases in E-Verify for all of these employees. Enter the date of acquisition or merger as the date the employee began employment in Section 2 of the new Form I-9.

If you choose to complete new Form I-9 and create a case in E-Verify, in order to avoid the appearance of discrimination, you must do so for all acquired employees, without regard to actual or perceived citizenship status or national origin.

Last Reviewed/Updated: 11/30/2012