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Definition of "Break in Employment" needs stronger parameters

The definition of break in employment is left up to the employer to define. I work with many temp agencies, and they view their employees as "active" even if they are not currently on an assignment, thus I am forced to accept an everify that is several years old. I would like to see tighter parameters around this topic.


Submitted by 3 years ago

Comments (8)

  1. I agree that Break in Employment needs to be clearly defined for the purpose of using E-Verify. It is challenging for the construction industry where gaps of employment are common. SSA Sec 453A State Directory of New Hires (2)(C)Definitions: “Newly hired employee” means an employee who (i) has not previously been employed by the employer; or (ii) was previously employed by the employer but has been separated from such prior employment for at least 60 consecutive days. Is E-Verify going to adopt this same definition?

    3 years ago
  2. I agree. Our school district hires summer workers for the federal lunch program and some return year after year. Some a couple of summers can go by. Uder the current terms, once I have submitted their information to e-Verify, I cannot do it again even though they have not worked for us for 9 or 10 months.

    2 years ago
  3. But why does it matter? If the person passed E-verify why would they not pass it later on? If they're a US citizen or LPR they're not likely to have given up their status. If they're on an EAD by law you have to check again when their document expires already. Checking again just seems to be excessively bureaucratic, especially if the person was previously verified as a US citizen. They're not likely to cease being a US citizen, the number of people who renounce citizenship is tiny and nearly all of them live abroad.

    This is about enforcing immigration law, not employment law.

    2 years ago
    1. One reason it matters is this: when an employer begins using E-Verify, the current employees are NOT E-Verified, so if there is a break in employment, there is not a clear definition whether or not to treat them as NEW and process through E-Verify. Another reason is that sometimes employees returning after a break in employment are presenting different List A or B documents. We don't know why, but they sometimes do.

      2 years ago
  4. I think perhaps you should deal with agencies that take their recruitment more seriously, or specify with them what is needed regarding e-verify.

    2 years ago
  5. I agree though that "break in employment" definition should be left to the employer to decide as all agencies do not work the same way.

    2 years ago
  6. TJ

    Regarding rehires - From what I was told at an E-Verify workshop, we are not to redo the E-V process if this person was verified within the last 3 years. If the original form was an older one and you have it on record, we are to have them complete the new form and attach to the old one.

    1 year ago
  7. Thank you for your feedback. We clarified "break in employment" by replacing this term with "continuing in employment." Visit our Continuing Employment page at or our Questions and Answers page at

    Take a free webinar and let our Form I-9 and E-Verify experts answer more of your great questions

    1 year ago

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