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If a temporary employee returns after 15 months, what is the correct procedure regarding their I-9 form?

  1. A new I-9 form must be completed

  2. Complete a new Section 3 of I-9 only

  3. Ignore the I-9 form requirement

  4. Either option is acceptable

The correct answer is: Either option is acceptable

When a temporary employee returns after a significant absence, like 15 months, their eligibility to work in the U.S. must be re-verified. This is pertinent in maintaining compliance with federal regulations regarding employment verification. Completing a new I-9 form is essential because the previous I-9 will no longer be valid after the employee has been absent for more than three years. However, if the absence is less than three years, a new Section 3 of the original I-9 can be used to re-verify employment eligibility. In this scenario of a 15-month absence, the options provided acknowledge that either a new I-9 form or the completion of the new Section 3 are viable paths to ensure compliance. Therefore, recognizing that both actions are valid under different circumstances supports the conclusion that either option is acceptable to address the situation. This understanding emphasizes the importance of adhering to verification procedures while taking into account the duration of the employee's absence when making compliance decisions regarding I-9 forms.