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Rehiring a Former Employee? Here's When You Need a New Form I-9.
Aug 26, 2026
Each week, we tackle a real HR question from business owners just like you. This week, we're covering a compliance detail that's easy to overlook when a former employee comes back on board.
The Question:
"Do we need to fill out a new Form I-9 for rehires?"
The Answer:
The answer hinges entirely on timing, specifically, how long ago the employee's previous Form I-9 was completed.
Rehiring Within Three Years
If you're rehiring someone within three years of the date their previous I-9 was completed, you have two paths available. You can either complete a brand new Form I-9 from scratch, or you can complete Supplement B of the previous form. Supplement B is generally the faster route when the employee's original I-9 is still on file and accurate.
To complete Supplement B, start by reviewing the original I-9 to confirm the employee is still authorized to work. If their employment authorization documentation hasn't expired and everything checks out, simply enter the rehire date, then sign and date Supplement B. That's it.
If the documentation has expired, or it looks like the employee is no longer authorized to work, you can't just fill in a date. You'll need to reverify their work authorization before moving forward.
Rehiring After Three Years
If more than three years have passed since the original I-9 was completed, the three-year window has closed. In this case, you'll need to complete a brand new Form I-9 for the employee, regardless of what's on file from before.
One More Wrinkle to Watch For
If you already used Supplement B for this employee in the past, or if the version of the Form I-9 on file has since expired, you can't reuse it again. You'll need to complete a new Supplement B using the most current version of the Form I-9 and attach it to the original.
The Bottom Line
Before you assume a rehire needs a brand new I-9, check the date on the original form. If it's within three years and the employee's work authorization is still valid, Supplement B can save you a step. If it's been longer, or authorization has lapsed, start fresh.
APS clients have access to a detailed Form I-9 Reverification Guide that walks through this process step by step.
This post is intended for general informational purposes and does not constitute legal advice. It does not address requirements under state or local law.
