Mergers and Acquisitions

Employers who have acquired another company or have merged with another company may choose to treat employees continuing their employment with the related, successor, or reorganized employer as:

• New hires, completing new Forms I-9 for all of these employees
• Continuing in employment, keeping the previously completed Forms I-9

Form I-9

Employers who choose to complete new Forms I-9 should enter the effective date of the acquisition or merger as the date each employee began employment in Section 2 of the new form.

Employers who choose to keep the previously completed Forms I-9 accept responsibility for any errors or omissions on those forms. Review each Form I-9 with the employee and update or reverify the employee’s information, as necessary. 

Employees Hired on or before November 6, 1986

Employees hired on or before November 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times, are exempt from completing Form I-9. For making this determination, see 8 CFR 274a.2(b)(1)(viii) and 274a.7. If you determine that an employee hired on or before November 6, 1986 is not continuing in his or her employment or does not have a reasonable expectation of employment at all times, the employee may be required to complete a Form I-9.