Section 3 of Form I-9 is used when rehiring an employee, documenting an employee who has had a legal change of name, or reverifying employment authorization.
Name Changes
Record the employee’s legal change of name in the space provided in Section 3.
If you learn of a legal change of name at a time other than during a rehire or reverification, USCIS recommends that you update Form I-9 with the new name in the space provided in Section 3 of Form I-9 so that you maintain correct information on the form.
Reverifying or Updating Employment Authorization for Rehired Employees
If you rehire an employee within three years from the date their Form I-9 was previously completed, you may either rely on the employee’s previously executed Form I-9 or complete a new one. If you choose to rely on a previously completed Form I-9, follow these guidelines:
- If the employee remains authorized for employeement as indicated on the previous Form
I-9, the employee does not need to provide any additional documentation. In Section 3, provide the employee’s rehire date, any name changes, and sign and date the form. Please reference image below.
- If the previous Form I-9 indicates that the employee’s employment authorization has expired, you must reverify employment authorization in Section 3 in addition to providing the rehire date (also make a copy of the documents they provide). If the previously executed Form I-9 is not the current version of the form, you must complete Section 3 on the current version of the form. Please reference image below.
- If you already used Section 3 of the employee’s previously completed Form I-9, but are rehiring the employee within three years of the original execution of Form I-9, you may complete Section 3 on a new Form I-9 and attach it to the previously completed form.
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