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If I Rehire Do I Need to Everify Again

Employers must complete Section 3 when:

  • Your employee's employment authorization or documentation of employment potency has expired ("reverification").

Employers may complete Section 3 when:

  • Your employee is rehired within 3 years of the date that Form I-9 was originally completed.
  • Your employee has a legal name alter.

When completing Department three, you must besides consummate the last name, offset name and eye initial fields in the Employee Info from Section 1 area at the summit of Department two.

Reverification

When your employee's employment authorization or, in most cases, employment authorization documentation (see beneath for more than information) expires, you must reverify to ensure your employee is notwithstanding authorized to work. To notice out if your employee'southward employment authorization expires, expect in Section one for the appointment that employment authorization expires and in Department 2 for the date that the employment authorization certificate expires.

The employment say-so expiration date provided by your employee in Department 1 may not match the document expiration appointment recorded under List A or List C in Section 2. The earlier appointment must be used to determine when reverification is necessary.

We suggest that y'all remind employees, at to the lowest degree ninety days before the date reverification is required, that they will be required to nowadays a List A or Listing C document (or acceptable receipt) showing continued employment authorization on the appointment that their employment potency or documentation whichever is sooner, expires. If your employee has a Form I-765, Application for Employment Authority, pending with USCIS, and the application has been pending for 75 days, your employee may contact the USCIS Contact Center.

Employers should non reverify:

  • U.S. citizens and noncitizen nationals
  • Lawful permanent residents who presented a Course I-551, Permanent Resident or Alien Registration Receipt card for Section 2. This includes conditional residents.
  • Listing B documents

Unless reverification does not utilise (for the situations stated above), and then when your employee'due south employment authorization or employment authorization documentation expires your employee must present unexpired documents from either List A or List C showing authorization to piece of work. Receipts for a lost, stolen or damaged document are acceptable for reverification.

To complete Department 3, you lot must:

  • Examine the unexpired documents to determine if they appear to be genuine and to relate to your employee. If you feel the document does not reasonably appear to be 18-carat and chronicle to your employee, let your employee to present other documentation from the List of Adequate Documents.
  • Record the document title, document number and expiration appointment, if any.
  • Sign and date Section 3.

If you previously completed Department iii, or if the version of the grade yous used for a previous verification is no longer valid, yous must complete Section 3 of a new Class I-9 using the most electric current version and attach it to the previously completed Grade I-9.

Rehires

If you rehire your employee inside 3 years of the date that a previous Form I-nine was completed, you may either complete a new Grade I-ix for your employee or consummate Section three of the previously completed Form I-9.

To complete Department 3 for rehires, yous must:

  • Confirm that the original Form I-ix relates to your employee.
  • Review the original Form I-9 to determine if your employee is yet authorized to work, including whether employment potency documentation presented in Section 2 (List A or List C) has since expired (or accept been motorcar-extended). Use the guidelines to determine if reverification applies.
  • If your employee is nevertheless authorized to work and his or her employment authorization documentation is withal valid, enter the date of the rehire in the infinite provided in Section three.
  • If your employee is no longer authorized to piece of work or the employment authorization documentation has since expired and requires reverification, request that the employee nowadays an unexpired List A or List C document. Do not reverify an employee'due south List B (identity) certificate. Enter the document data and the date of rehire in the spaces provided in Section 3. If the current version of Class I-ix is unlike from the previously completed Form I-ix, you lot must complete Department 3 on the current version.
  • Sign and date Section three.

Entering Dates in Section 3

Department 3 includes three spaces to enter dates:

  • If y'all rehire a former employee: enter the rehire date that your employee begins employment for wages or other remuneration, which tin be a futurity date, if necessary, in Block B.
  • If you reverify your employee: enter the date the employee's new work authorisation document expires in Block C.
  • When completing Section 3 for any reason: enter the date y'all complete and sign the attestation.

Image of an example Section 3 of Form I-9 completed by an employer: The example shows all of the fields fully completed. The example also instructs employers to enter the date the employee began employment in the

Recording Changes of Name and Other Identity Data for Current Employees

Y'all are non required to update Form I-ix when your em­ployee has a legal change of name. However, it is recom­mended that you lot maintain correct information on Forms I-nine and notation whatever proper noun changes in Section 3. Although Grade I-ix regulations do not crave employees to nowadays documentation to show that they have changed their name, y'all should take steps to be reasonably bodacious of your employee's identity if there has been a legal name change. Such a change may phone call into question your continued ability to rely on the documents your employee previously presented, equally they reasonably relate to the employee. These steps may include asking the employee to provide documentation of a legal change of name to keep with his or her Form I-9, so that your actions are well-documented if the regime asks to audit this employee'south Forms I-9.

You may encounter situations other than a legal change of name where an employee informs you that his or her identity is different from the time Form I-9 was previously completed. If your employee informs you that the proper name, date of nascence, or Social Security number is essentially different from what he or she previously provided on Form I-nine, and is unable to provide evidence linking the new data to the identity previously used you should:

  • Complete a new Form I-9.
  • Write the original hire date in "The employee's first day of employment (MM/DD/YYYY)" space in Section 2; and
  • Adhere the new Form I-9 to the previously completed Form I-ix.
  • If the Section 1 data has not substantially changed but the employee has offered different evidence of piece of work authorization, and so you should examine the documentation to determine if it appears to be genuine and to relate to your employee presenting it. If so, complete Section iii of the previous Form I-9. If the current version of Class I-ix is different from the previously completed Form I-9, you must complete Department 3 on the current version

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Source: https://www.uscis.gov/i-9-central/complete-correct-form-i-9/completing-section-3-reverification-and-rehires

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