What is the I-9 employment verification process for a rehired employee?

When an employer hires an employee in the United States, the employer is immediately required to verify the employee’s identity and work eligibility by completing the Form I-9 employment verification process. The purpose of the I-9 verification process is to require employers to verify that the people they hire are authorized to work, and to impose penalties on employers who either fail to do so, or who otherwise employ individuals who are not authorized to work in the U.S.

The main way that an employer verifies that an individual is authorized to work in the U.S. is to complete the USCIS Form I-9, Employment Eligibility Verification, for each person the employer hires. The process, in general, consists of the employee providing to the employer documents that prove 1) the employee’s identity, and 2) that they are authorized to work in the United States.

This post will consider the I-9 verification process when an employee works for a company, stops employment with the company, then is hired by the same company (called being “rehired”) within three years of the date on which the initial I-9 was signed. Employers who are rehiring an employee within three years of the date the previously executed I-9 was signed may have the option to simply update or reverify the I-9 Form, rather than completing an entirely new Form I-9.

If the employee’s previously executed I-9 was signed less than three years before the date of rehire, and the employee remains employment authorized based on Sections 1 and 2 of the I-9, the employee does not need to provide any additional documentation showing employment authorization. In this case, the employer can simply update the Form I-9.

To update the I-9, the employer would record the date that the employee is rehired in Section 3, and would sign and date Section 3 of the I-9.

As an alternative, the employer can complete a new I-9, if they would prefer.

If the employee’s previous I-9 was signed less than three years before the date of rehire, but either Section 1 of the I-9 or the document showing their work authorization has expired, the employer must reverify the previously executed Form I-9.

To reverify an employee’s Form I-9, the employer must complete Section 3 of the Form. To do so, the employee must provide the employer with an unexpired List A or List C document that shows that they are authorized to work.

Recall that List A documents prove both the person’s identity and their eligibility to work (an I-766 Employment Authorization Document with a photograph, for example), while List C documents prove only a person’s eligibility to work. List B documents, which prove only a person’s identity (such as a state-issued driver’s license), do not need to be reverified (in fact, an expired List B document is acceptable even for initial verification of the I-9).

Remember that the employee is entitled to provide whichever documents on List A or List C that they prefer. The employee does not need to provide the same List A or List C document that they provided for any previous I-9 verification. The employer must defer to the employee’s choice and, as long as the documents the employee provides are acceptable, the employer cannot require different or additional documents than the employee chooses to provide. The employer should be careful to comply with this requirement – failure to do so could cause the employer to be liable for discrimination against the employee.

Referring to the employee’s List A or List C document, the employer would complete Section 3 to show that the employee is being rehired. For Block A of Section 3, the employer would only include the employee’s name if the name has changed. If the employee’s name has not changed, the employer can mark these questions “N/A.”

The employer would then enter the “Date of Rehire” at Section 3, Block B. Using the unexpired List A or List C document provided by the employee, the employer would complete Section 3, Block C. This block asks about the new document provided by the employee, including the document title, number, and expiration date.

Finally, the employer must sign Section 3. The person who actually reviews the employee’s List A or List C document should sign this section.

As an alternative, the employer can complete a new I-9, if they would prefer.

Unfortunately, a receipt is not acceptable evidence if it shows that the employee submitted an initial application for a document, or that they applied to extend the validity of a document. However, a receipt is acceptable to show that the employee applied to replace a document that was lost, stolen, or damaged.

In certain circumstances and depending on other documentation provided, a receipt may also be acceptable if the employee has refugee status or is a lawful permanent resident.

No. The employee must provide an original List A or List C document. A copy is not acceptable.

The employer cannot employ an individual who is unable to provide proof that they are currently authorized to work.

If the employee’s previous I-9 was executed more than three years ago, the employer must complete a new I-9. For additional guidance on this process, please see our post here .

For more information on the I-9 employment verification process, please see our earlier post here.