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Employers have three business days after hiring someone to collect information and complete the I-9 employment eligibility verification form, whether on paper or using the E-Verify electronic system. This has long been known as the "three-day rule," but it has--according to a recent United States Citizenship and Immigration Service (USCIS) statement--often been misinterpreted.
According to the USCIS clarification, the first day of work is not included in the three days. Therefore, if an employee starts work on Monday, the I-9 is not due until Thursday.
However, if the new hire's employer is using the E-Verify electronic database system, the date that the employer enters the new hire's name into E-Verify counts as the first day even if the person isn't on the job yet. Perhaps because of this, the USCIS has also just added a drop-down menu so users can choose a reason for the delay if the verification takes place after three days.
Personnel Concepts offers a comprehensive I-9 Verification section on its Web site where customers can find a variety of products to help them with both the verification process and the use of E-Verify.
