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Yes, employees who have not been working in the United States and never completed Form I-9 for your company are considered new hires when transferred to work in the United States. Employers must:

  • Complete Form I-9 for transferred employees
  • Write the date the employee begins working in the United States in the certification block in Section 2.

 The time the employee worked abroad is not subject to Form I-9 rules.

Last Reviewed/Updated: 
03/27/2014

A retired employee who separated from your company and later returned should complete Form I-9 even if the employee was originally hired after Nov. 6, 1986. In this situation the employee is considered a new hire.

Last Reviewed/Updated: 
03/27/2014

No. You will not be subject to employer sanctions penalties for failing to complete Form I-9 or for continuing to employ an employee who is not authorized to work in the United States if the employee was hired on or before November 6, 1986.  However, the fact that the employee was on your payroll on or before November 6, 1986, does not give him or her the right to remain in the United States. Unless the employee obtains permission from DHS to remain in the United States, he or she is subject to apprehension and removal from the United States.

Last Reviewed/Updated: 
03/27/2014