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Filling out Supplement B for rehires and reverifications
  • When a continuing employee changes their legal name, it is recommended, but not necessary, for the employer to document this change.
  • An employer must follow specific guidelines when an employee is rehired within three years of the date that Form I-9 was originally completed.
  • If an employer chooses to fill out a new Form-9 for a rehired employee, the old document must still be retained.

Supplement B is used for reverifying and updating work authorization. It may also be used when an employee is rehired or when an employee has a legal name change.

This information was previously included in Section 3 of the Form I-9. When the form was updated on August 1, 2023, the information about rehires and reverifications was moved to Supplement B.

Name change

Employers are not required to update Form I-9 when an employee who is continuing employment implements a legal name change. However, the United States Citizenship and Immigration Services (USCIS) recommends that employers maintain correct information on Forms I-9 and note any name changes on Supplement B.

Form I-9 regulations do not require that an employee present the employer with documentation to show that the employee has implemented a name change. However, the employer may take steps — such as asking the employee for the basis of the name change — to be reasonably assured of the employee’s identity and the accuracy of the employee’s claim of a name change.

If provided by the employee, the employer may accept evidence of the name change to keep with Form I-9 so that the employer’s actions are well-documented if the government asks to inspect the company’s Forms I-9.

To record the name change on Supplement B:

  • In the top row, enter the name recorded in Section 1 of the Form I-9.
  • In the next row, record the employee’s new name.

Rehired employees

Employers may complete Supplement B (formerly Section 3) of the Form I-9 when an employee is rehired within three years of the date that Form I-9 was originally completed. An employer also has the option of completing a new Form I-9. A new Form I-9 must be completed for any employee rehired more than three years after an employer originally completed a Form I-9 for the employee.

Employers completing Supplement B for a rehired employee must follow these guidelines:

  • If the employee remains employment-authorized as indicated on the previous Form I-9, the employee does not need to provide any additional documentation;
  • On Supplement B, the employer should provide the employee’s rehire date, any name changes, and sign and date the form;
  • If the previous Form I-9 indicates that the employee’s employment authorization has expired, the employer must reverify employment authorization on Supplement B in addition to providing the rehire date.

Employers do not need to reverify a rehired employee’s identity (List B) document that has expired, as long as it was unexpired when the employee first presented it.

To reverify a rehired employee:

  • Enter the employee’s name at the top of the supplement page in the spaces indicated. The name entered in the top row is the same name that is in Section 1 of the Form I-9;
  • Record the date of rehire;
  • Enter the employee’s new name, if applicable;
  • If employment authorization has expired, record the title, number, and expiration date (if any) of the document(s) the employee presents; and
  • Sign and date Supplement B.

After Supplement B has been completed, it is attached to the employee’s previously completed Form I-9. Additional supplement pages are used when necessary.

Using a new form

An employer may choose to complete a new Form I-9 for rehired employees.

If the employer chooses to complete a new Form I-9, it must be attached to the old/original form and both must be kept for the applicable retention period.

Rehired employee with name change

When the rehired employee’s name has changed, employers must record the legal name change in the New Name section of Supplement B.