Does Employer Need to Complete an E-Verify Query When Employee's H-1B Extension Is Approved?

Employees who are only being reverified, but are otherwise continuing to work for you without interruption, should not have their information submitted to E-Verify.

Question

We just started using E-Verify, and I’m not sure what to do about reverifications. We hire a number of foreign nationals who are constantly being extended and renewed. When we update the Form I-9 to show work authorization, what do we do in E-Verify?

Answer

Nothing. While it is important to reverify work authorization on the Form I-9, employees who are only being reverified, but are otherwise continuing to work for you without interruption, should not have their information submitted to E-Verify. For U.S. Citizenship and Immigration Services (USCIS) guidance on this issue, see the Form I-9 Handbook for Employers (M-274) and the related FAQs.

Contrast this with “rehire situations.” While recent E-Verify guidance relating to rehires has created confusion for employers, most E-Verify employers opt to do new I-9s for all rehires. This is because rehires are generally treated as new hires for E-Verify purposes. See the E-Verify User Manual for Employers for more details about the rules and the proper way to create queries. And for more information about I-9 compliance in general, see the Hiring Non-U.S. Workers for Your Business page of Nolo's website.

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