If the employer rehires an employee for whom an E-Verify case was never created and the employee’s previous Form I-9 lists an expired identity document (List B), then a new Form I-9 must be completed and an E-Verify case created for the employee using the rehire date as the date of hire.
If the employer rehires an employee for whom an E-Verify case was previously created and the employee’s previous Form I-9 lists an expired identity document (List B), then the employer or employer agent may either:
Complete Section 3 of the employee’s previous Form I-9 and do not create a new case for the employee
OR
Complete a new Form I-9 for the employee and create a new case for the employee
NOTE: Employees hired on or before November 6, 1986 are not subject to Form I-9. Therefore, employers may not create E-Verify cases for these employees based on this employment.
For more information, consult the Handbook for Employers: Guidance for Completing Form I-9 (M-274).
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