Skip to content

The Form I-9 is one of those federal government forms that seems so simple at first glance, but is amazingly complicated and nuanced. Retention rules are difficult to understand, and it seems the form changes annually. Throw in participation in E-Verify and the confusion increases significantly. Rehiring rules aren’t much better.

The question is — do you just complete Section 3 of the original Form I-9 for a rehired employee; or do you complete an entirely new form? To make this determination look at the original hire date of the rehired person. Is it within the past three (3) years from when you are looking to rehire him, and is the work authority document, e.g., Social Security Card still valid? If yes to both, you can complete Section 3 of the original form. But, if there is an updated Form I-9 released from the government, you can staple a new Section 3 to the original form or complete a new, updated I-9. If the employee was hired more than three (3) years ago or if their work authority document expired, then you should have the employee complete a new Form I-9 altogether. Simple 2-page form, right?

Thompson Coe and myHRgenius Tip of the Week is not intended as a solicitation, does not constitute legal advice, and does not establish an attorney-client relationship.


Subscribe to myHRgenius for unlimited expert help.

Find out more about the program and subscribe today.

Learn More

Related People

Kevin M. Mosher

Kevin M. Mosher


Related Resources