If a SWA refers the same worker to multiple H-2A job orders, must the SWA complete a new I-9 for each referral?
If a SWA refers to an H-2A job order a worker who was previously referred by the SWA to another H-2A job order, the SWA may choose to either: (1) complete a new Form I-9 and issue a new certification to the employer, or (2) examine the old, previously completed, Form I-9 and take appropriate action. IF the SWA chooses to examine the worker’s old Form I-9 AND no more than three years have passed since completion of the old Form I-9 AND Form I-9 shows the worker is still authorized to work, THEN the SWA should update Form I-9 by completing section 3 AND the SWA should issue a new certification to the employer. Otherwise, the SWA should complete a new Form I-9 and issue a new certification to the employer. To complete section 3: (1) If the worker has a new name, different from listed in section 1, enter the new name in part A. (2) Because the SWA is not making a hiring decision, do not complete part B. (3) If the worker’s work authorization expires on or after the date of updating Form I-
Related Questions
- If someone accepts a job with an employer, but will not start work for a month or longer, can the employer complete a Form I-9 when the employee accepts the job?
- If someone accepts a job but will not start work for a month, can an employer complete the I-9 when the employee accepts the job?
- If a SWA refers the same worker to multiple H-2A job orders, must the SWA complete a new I-9 for each referral?
