I-9 Forms for Seasonal Employees

Last Updated on October 21, 2022 / Recordkeeping

Question:

We have many employees who return to work for us each summer as seasonal employees.  Do I need to complete a new I9 for them each year or just use their old form?

Answer:

According to the US Citizenship and Immigration Service website, if the seasonal worker is continuing in his or her employment and has a reasonable expectation of employment at all times, his or her return to work would not be considered a new hire, so a new Form I-9 is not required. If the worker is not considered to be continuing in his or her employment, then the old form may still be sufficient to meet the verification requirements if the worker’s return to work is a rehire within 3 years from the date the old Form I-9 was completed. The employer can complete Section 3 of the old form or use Section 3 of a new form and attach it to the previous form. If re-verification is not necessary, provide the rehire date and complete the attestation portion of Section 3.

However, the employer should ensure that any necessary re-verification has been completed timely. The employer should complete the rehire date, re-verification and attestation fields if work authorization has since expired. If re-verification is necessary and there is a new version of the Form I-9, Section 3 of the new version must be completed and attached to the previous form.

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