Page 33 - Handbook for Employers - Guidance for Completing Form I-9

that the individual in question will resume previously complied with the employment eligibility
employment with the employer within a reasonable verification requirements for this individual within
time in the future. three years (or, if less, the period of time that the
• The former position held by the individual has not individual is authorized to be employed in the
been taken permanently by another worker. United States) .

• The individual has not sought or obtained benefits Penalties for employing aliens knowing they are
during their absence from employment with the unauthorized to work in the United States still apply.
employer that are inconsistent with an expectation of
resuming employment within a reasonable time in Special Rules for State Employment Agencies
the future.
• The financial condition of the employer indicates the A state employment agency, sometimes known as a state
ability of the employer to permit the individual in workforce agency, may choose to verify the employment
question to resume employment within a reasonable authorization and identity of an individual it refers for
time in the future. employment on Form I-9. In such a case, the agency must
• The oral and/or written communication between issue a certification to you so that you receive it within 21
employer, the employer’s supervisory employees and business days of the date the referred individual is hired.
the individual indicates that it is reasonably likely If an agency refers a potential employee to you with a job
that the individual will resume employment within a order, other appropriate referral form or telephonically
reasonable time in the future. authorized referral, and the agency sends you a
certification within 21 business days of the referral, you
Continue to maintain and store the previously completed do not have to check documents or complete a Form I-9
Form I-9 as if there was no interruption in employment. if you hire that person. Before receiving the certification,
Inspect the previously completed Form I-9 and, if you should retain the job order, referral form or
necessary, update the form or conduct reverification. annotation reflecting the telephonically authorized
referral as you would Form I-9. When you receive the
If you determine that your employee was terminated and certification, you must review it to ensure that it relates
is now rehired, and the rehire occurs within three years to the person hired and observe the person sign the
from the date the original Form I-9 was completed, you certification. You must also retain the certification as you
have an option to complete a new form or rely on the would a Form I-9 and make it available for inspection, if
original one. requested. Check with your state employment agency to
see if it provides this service and become familiar with its
Special Rules for Members of Employer certification document.
Associations
Correcting Form I-9
Special rules apply for employers who are members of an
association of two or more employers that have entered If the employer, recruiter, or referrer for a fee
into a collective bargaining agreement with one or more (“employer”) discovers an error in Section 1 of an
employee organizations. An employer who is a member employee’s Form I-9, the employer should bring itself
of the employer association will be deemed to have into compliance immediately and ask the employee to
complied with the employment eligibility verification correct the error. Employers and/or their authorized
requirements for its employee if: representative may only correct errors made in Section 2
or Section 3 of Form I-9.
• The employee is a member of a collective-bargaining To correct the form is to:
unit and is employed under a collective bargaining • Draw a line through the incorrect information;
agreement between one or more employee • Enter the correct information;
organizations and an association of two or more
employers by an employer that is a member of such • Initial and date the correction.
association, and Correcting Section 1
• Another employer that is a member of the same
employer association (or an agent of the employer If the employer and/or their authorized representative
association on behalf of the employer), has discover information has been omitted in Section 1, the

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