Tuesday, March 15, 2011

When MUST an Employer Complete an I-9 Form? I-9 Timeline

Employers are required to complete an I-9 form at the time of hire for all employees that have been hired on or after November 6, 1986.  The employer must complete Section 1 prior to the end of the first day of employment.  For example, if an employee starts working on a Monday, Section 1 of the form must be completed by the close of business on Monday.
The employer must review the original documents and complete Section 2 within 3 business days of the first day of work.  For example, if an employee starts working on a Monday, Section 2 of the form must be completed by the close of business on Thursday.  Additionally, if the employer has enrolled in E-Verify, the E-Verify inquiry must be initiated before the end of the third day of work.
If a worker has been hired to work for less than three business days, the entire I-9 Form must be completed before the person begins working.
Some companies prefer to complete the I-9 prior to the persons first day of employment, and this is an acceptable business practice.  While the form may be completed prior to the first day of work, the decision to hire must have already been made and cannot be used as a pre-screening tool for applicants.
Federal contractors who have a federal contract issued on or after September 8, 2009 that contains the Federal Acquisitions Regulation (FAR) E-Verify clause must follow special rules when completing and/or updating Forms I-9.
E-Verify strengthens the employment eligibility process.  By adding E-Verify to the existing process, a company benefit from knowing that it has taken constructive steps toward maintaining a legal workforce.

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