Page 32 - Handbook for Employers - Guidance for Completing Form I-9

Leaves of Absence, Layoffs, Corporate Mergers Employers who have acquired or merged with
and Other Interruptions of Employment another company have two options:

You must complete a new Form I-9 when a hire takes • Option A: Treat all acquired employees as new hires
place, unless you are rehiring an employee within three and complete a new Form I-9 for every individual.
years of the date of their previous Form I-9. However, in Enter the effective date of acquisition or merger as
certain situations, a hire is not considered to have taken the employee’s first day of employment in Section 2
place despite an interruption in employment. In case of of the new Form I-9.
an interruption in employment, you should determine
whether the employee is continuing in their employment If you choose Option A, avoid engaging in
and has a reasonable expectation of employment at all discrimination by completing a new Form I-9 for all
times. of your acquired employees, without regard to actual
or perceived citizenship status or national origin.
These situations constitute continuing employment:
• Option B: Treat all acquired individuals as employees
• Approved paid or unpaid leave on account of study, who are continuing in their uninterrupted
illness or disability of a family member, illness or employment status and retain the previous owner’s
pregnancy, maternity or paternity leave, vacation, Form I-9 for each acquired employee. Note that
union business, or other temporary leave approved you are liable for any errors or omissions on the
by the employer. previously completed Form I-9.
• Promotions, demotions or pay raises. Employees hired on or before Nov. 6, 1986, who
• Temporary layoff for lack of work. are continuing in their employment and have a
• Strikes or labor disputes. reasonable expectation of employment at all times
• Reinstatement after disciplinary suspension for are exempt from completing Form I-9 and cannot
wrongful termination found unjustified by any be verified in E-Verify. For help with making this
court, arbitrator or administrative body, or other- determination, see 8 CFR 274a.2(b)(1)(viii) and
wise resolved through reinstatement or settlement. 8 CFR 274a.7. If you determine that an employee
hired on or before Nov. 6, 1986 is not continuing
• Transfer from one distinct unit of an employer to in their employment or does not have a reasonable
another distinct unit of the same employer; the expectation of employment at all times, the employee
employer may transfer the employee’s Form I-9 to the may be required to complete a Form I-9.
receiving unit.
• Seasonal employment. Federal contractors with the FAR E-Verify clause are
• Continuing employment with a related, successor, subject to special rules regarding the verification of
or reorganized employer, provided that the employer existing employees. For more information, see the E-Verify
obtains and maintains, from the previous employer, Supplemental Guide for Federal Contractors at uscis .gov/e-verify.
records and Form I-9 where applicable. A related,
successor or reorganized employer includes: To determine whether an employee continuing in his or
employment had a reasonable expectation of employment
• The same employer at another location; at all times, consider several factors, including, but not
• An employer who continues to employ any limited to:
employee of another employer’s workforce, where
both employers belong to the same multi-employer • The individual was employed on a regular and
association and the employee continues to work in substantial basis. A determination of a regular and
the same bargaining unit under the same collective substantial basis is established by a comparison of
bargaining agreement. For these purposes, any other workers similarly employed by the employer.
agent designated to complete and maintain Form
I-9 must enter the employee’s date of hire and/or • The individual complied with the employer’s
termination each time the employee is hired established and published policy regarding their
absence.
and/or terminated by an employer of the
multi-employer association. • The employer’s past history of recalling absent
employees for employment indicates the likelihood

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