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Mergers and Acquisitions

Employers who have acquired another company or have merged with another company may choose to treat employees continuing their employment with the related, successor, or reorganized employer as:

  • New hires, completing new Forms I-9 for all of these employees; or
  • Continuing in employment, obtaining and maintaining the previously completed Forms I-9

Form I-9

Employers who choose to complete new Forms I-9 may do so before the merger or acquisition takes place as long as the employer has offered the acquired employee a job and the employee has accepted the offer. The employee must complete Section 1 no later than the first day of employment and the employer or the authorized representative must complete Section 2 within three business days of the employee’s first day of employment. Employers should enter the effective date of the acquisition or merger as the date each of these employees began employment in Section 2 of their new Forms I-9.

Employers who choose to keep the previously completed Forms I-9 accept responsibility for any errors or omissions on those forms. Employers should review each Form I-9 with the employee and update or reverify the employee’s information, as necessary.

Employees Hired on or before November 6, 1986

Employees hired on or before November 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times, are exempt from completing Form I-9. For more information and to determine if this applies to any of your employees, see 8 CFR 274a.2(b)(1)(viii) and 274a.7. If you determine that an employee hired on or before November 6, 1986 is not continuing in his or her employment or does not have a reasonable expectation of employment at all times, the employee may be required to complete a Form I-9.

Last Reviewed/Updated: 04/03/2015