US Form I-9 Employment Eligibility Verification (8 USC 1324a and 8 CFR Part 274a)
Form I-9 completion, document examination, receipts, reverification and rehires (8 CFR 274a.2(a) to (d)) – US Form I-9 Employment Eligibility Verification (8 USC 1324a and 8 CFR Part 274a)

US Form I-9 Employment Eligibility Verification (8 USC 1324a and 8 CFR Part 274a) 274a.2(b)(1)(viii),(c)-(d): Treat continuing employment and rehires correctly: no new Form I-9 for approved leave, transfers or successor employers; inspect and update the earlier form on rehire within three years, reverifying if authorization has expired

What does 274a.2(b)(1)(viii),(c)-(d) require?

No new hire occurs where an individual continues in employment with a reasonable expectation of employment at all times: approved paid or unpaid leave, promotion or demotion, temporary layoff for lack of work, strike or labor dispute, reinstatement after a suspension found unjustified, transfer between distinct units of the same employer (the form may follow), continuation with a related, successor or reorganized employer that obtains and maintains the prior Forms I-9 (a merger, stock or asset sale, or a multi-employer association member), or seasonal employment; reasonableness is judged on the regularity of prior employment, compliance with absence policy, recall history, whether the position was filled, inconsistent benefits taken and the employer's finances and communications. When rehiring a former employee within three years of the original form's execution the employer may inspect that form and, if it relates to the person and they remain eligible, update it with the rehire date (Supplement B) instead of completing a new form; if authorization has expired it must reverify. The same applies to recruiters and referrers re-referring within three years.

Maintained by Gerard Blokdyk

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