E-Verify and rehired employees

This week’s “Ask a Question” concerns how to handle rehired employees who have already been processed through E-Verify. If you have a revolving door of employees, this topic may be of interest to you.

Question: We are looking for some direction regarding how to handle employees that are being rehired. If we rehire an employee that we previously ran through E-verify, do we need to do so again, if we have access to their initial E-verify work authorization verification? Obviously if the employee’s temporary work authorization had expired we would need to do so. Also, if there are any resources that you could direct me to so that I can further research this topic I would greatly appreciate it.

Answer: This is one of those areas where E-Verify guidance conflicts with I-9 rules and practice. In the I-9 realm, it’s well established that employers may rely on a previously completed I-9 form for an employee who is rehired within 3 years as long as he or she is still authorized to work. E-Verify, however,  does not distinguish between a rehire and a new hire. So if your organization is a participating E-Verify employer and you hire OR rehire an employee, you must E-Verify that employee, even if the person has already been submitted by your organization.  This guidance was originally provided in January of 2009 during a DHS webinar. A copy of the question and answer is provided here.

As far as the I-9 is concerned, your organization can use the information in the previous (historical) I-9 for E-Verify if the employee is rehired within 3 years of the completion of the original I-9. The historical I-9 would also have to indicate continuing employment authorization and otherwise comply with the E-Verify requirements (List B with photo, SSN provided, etc.)

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