Can Rehires Use Previous I 9 Section 3 Records?

2025-09-05 16:34:47 270

4 Answers

Gregory
Gregory
2025-09-06 16:46:43
I usually give coworkers a quick, practical rundown: yes, rehires can use a prior Form I-9’s Section 3, but only in specific circumstances. If the original I-9 was completed within three years of the rehire date, Section 3 can record the rehire or a name change or reverification of expiring employment authorization. If it has been more than three years, you need a fresh Form I-9.

One more practical tip from my experience — if Section 3 has already been used before, it’s often better to do a new I-9. Also, don’t reverify U.S. citizens or lawful permanent residents; reverification is for employees with time-limited authorization. When in doubt, complete a new form so auditors don’t have extra questions.
Mason
Mason
2025-09-07 20:32:54
Okay, here’s how I think about it: if someone gets rehired and there’s an old Form I-9 on file, you don’t always have to start from scratch. If the original I-9 was completed within the last three years, you can usually use Section 3 to record the rehire (or to update a name or reverify employment authorization). Section 3 is built for quick updates — you put the rehire date, the document details if you’re reverifying, and your signature and date.

That said, there are important caveats. If more than three years have passed since the original I-9 was completed, you must fill out a new Form I-9. Also, if Section 3 was already used previously to rehire or reverify, it’s generally cleaner — and sometimes required — to prepare a fresh form rather than trying to cram more changes into Section 3. Don’t forget the retention rule: keep completed I-9s for three years after hire or one year after termination, whichever is later. Personally, I often opt to complete a new Form I-9 for rehires just to avoid confusion during audits, but Section 3 is perfectly legitimate within the rules.
Samuel
Samuel
2025-09-08 12:42:23
Short practical take from my part-time job days: rehires can reuse an old Form I-9’s Section 3 if the original I-9 was completed within three years and Section 3 hasn’t already been used for that person. That lets you record the rehire date, any name change, or reverification info without filling out an entirely new form. If it’s been more than three years or Section 3 has been used before, you’ll need a new Form I-9.

I always check the dates first and prefer a fresh form if there’s any messiness — fewer follow-up questions later and less stress for everyone involved.
Levi
Levi
2025-09-10 00:37:19
My old HR class instincts kick in whenever this question comes up: the government’s guidance is pretty explicit — Section 3 exists for rehires and reverification, but it’s limited. If the original Form I-9 was executed within the past three years and Section 3 hasn’t already been used for the same purpose, you can update that prior I-9 with the rehire date and any new document info. For reverification you’ll record the document title, issuing number, and expiration date in Section 3. Also remember you should not reverify someone who is a U.S. citizen or a lawful permanent resident; reverification relates to time-limited work authorization.

There are practical things I always think about: if the previous I-9 is missing or was destroyed, note that and complete a new form. If an auditor comes knocking, having a clean new I-9 sometimes looks better than multiple Section 3 entries, especially if Section 3 was already used. And keep in mind the retention requirement — hold onto I-9s for three years after hire or one year after termination, whichever is later. Ultimately I usually weigh the paperwork history and pick the cleanest approach.
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