When a seasonal employee comes back, you may not need a brand-new Form I-9. If you rehire them within three years of the date their original Form I-9 was completed, USCIS lets you either complete Supplement B (formerly Section 3) on the earlier form or complete a new Form I-9. After three years, a new form is required. And some returning seasonal workers are not rehires at all: USCIS treats a person who “is engaged in seasonal employment” with a reasonable expectation of returning as continuing in employment, which needs no new I-9. This guide explains how to tell which situation you are in and what to do for each.
First Question: Rehire or Continuing Employment?
USCIS distinguishes between a rehire, where the employment relationship ended and a new one begins, and continuing employment, where the person never really stopped being your employee. Continuing employment includes approved leave, promotions and pay changes, temporary layoffs for lack of work, strikes, and seasonal employment.
The deciding idea is whether the person had a reasonable expectation of employment at all times. USCIS suggests asking questions such as:
- Was the individual employed on a regular and substantial basis, comparable to others in the same job?
- Did the employee follow your published policy on temporary absences?
- Does your past practice make a call-back within a reasonable time likely?
- Is the job still available, or has it been permanently filled?
- Did the employee seek or receive benefits, such as severance or retirement pay, that are inconsistent with returning?
- Does your financial condition allow the employee to return?
- Do communications between you and the employee suggest a likely return?
A garden centre that brings the same team back every spring, tells them so in writing when the season ends, and keeps their jobs open, is in a very different position from a retailer that hired someone off the street last December, ended their employment with a final paycheck and has not been in touch since.
If it is continuing employment
You do not complete a new Form I-9 and you do not complete Supplement B for the return itself. Keep the original form. Check whether any employment authorization documents that require reverification have expired in the meantime, because reverification rules still apply to current employees.
If it is a rehire
Use the rehire rules below. Document your reasoning, briefly, in your HR file. If you are ever asked why you treated a returning worker one way rather than the other, a note written at the time is far more persuasive than a recollection.
The Three-Year Rehire Rule
USCIS guidance on completing Supplement B for reverification and rehires sets out the options.
| Situation | What USCIS allows |
|---|---|
| Rehired within 3 years of the date the original Form I-9 was completed | Complete Supplement B on the earlier form, or complete a new Form I-9 |
| Rehired more than 3 years after the original form was completed | Complete a new Form I-9 |
| Earlier form is on an expired version | If using Supplement B, complete it on the current version of the form |
Completing Supplement B for a rehire
- Record the rehire date. USCIS says this can be a future date if necessary and marks when wages or other remuneration begin.
- Record any name change.
- If the employee’s employment authorization or the documents used before have expired, ask for an unexpired List A or List C document and record it. Do not reverify the List B identity document.
- Sign and date the supplement.
When a new form is simpler
Many employers just complete a new Form I-9 for every rehire, even within three years. That is allowed, and it can be easier to manage if your original forms are stored in different places or on old versions. Whichever approach you pick, use it consistently for all returning workers so no one is treated differently.
Practical Steps Before Rehiring Seasonal Staff
- Pull last season’s file for each returning worker. Note the date the original Form I-9 was completed, not just the hire date.
- Decide rehire or continuing employment using the USCIS questions above, and note the outcome.
- Check for expired documents that need reverification.
- Use the current Form I-9 version if completing Supplement B or a new form.
- Complete the form by the employee’s first day back, or by the rehire date you record.
- Do not over-document. USCIS’s acceptable documents page says an employee who presents an acceptable List A document should not be asked to present any other document.
Returning workers also need the rest of your onboarding refreshed, including updated policies, safety briefings and any role changes. Treat it as a shorter version of your new employee onboarding process rather than skipping it.
What About Background Checks and E-Verify?
Whether you rerun a background check for a rehire depends on your policy, the role and the rules in your state. If you do run one, the same consent and disclosure steps apply as for a new hire; our guide to background check requirements for new hires covers the federal framework.
If you participate in E-Verify, check E-Verify’s own guidance for rehires before creating a new case. The answer depends on whether you complete a new Form I-9 or Supplement B, and on the result of any earlier case.
Rehiring Is Also a Retention Question
The paperwork is the easy part. Experienced seasonal staff are valuable precisely because they do not need training, and the best of them will be weighing other offers by the time you call. Making the return offer early and in writing helps. alljobboard.com’s guide for candidates on handling several job offers at once is a useful reminder of how your offer looks from the other side.
If you want some returning workers to stay year-round rather than come back each season, our guide to converting a seasonal employee to permanent covers the offer, benefits and classification questions.
Frequently Asked Questions
Do I need a new I-9 for a returning seasonal employee?
Not always. If the employee had a reasonable expectation of returning and USCIS would treat the arrangement as continuing employment, no new form is needed. If it is a rehire within three years of the original form, you may use Supplement B or a new form. After three years, complete a new Form I-9.
From what date does the three-year period run?
USCIS describes the window as three years from the date the earlier Form I-9 was completed. Check the original form’s completion date rather than relying on the payroll start date.
What is Supplement B?
It is the part of Form I-9 used for reverification and rehires. It replaced what used to be Section 3. You record the rehire date, any name change and, if needed, new List A or List C document details.
Which documents do I ask for when reverifying a rehire?
If the employee’s earlier authorization or documents have expired, USCIS says to request an unexpired List A or List C document and record it in Supplement B. Do not reverify the List B identity document, and do not ask for more documents than the form requires.
Can I complete a new I-9 even if the rehire is within three years?
Yes. USCIS allows you to complete a new Form I-9 instead of Supplement B. Apply the same approach to all returning workers.