USCIS Clarifies Three-Day Rule and Hire Dates Used for Form I-9 and E-Verify
By Thomas Ahearn, ESR News Staff Writer
In view of the fact that understanding the “Three-Day Rule” and determining the hire dates for completing Form I-9 and E-Verify are not always clear and simple for employers, the U.S. Citizenship and Colonization Air force (USCIS) has extra an vital update to their E-Verify website that attempts to clarify both the definition of a “hire date” and the timing requirements for when employers are expected to perfect Section 2 of the Employment Eligibility Form I-9 and when to E-Verify employees.
While there is much overlap linking Form I-9, Employment Eligibility Verification, and E-Verify requirements, USCIS addressed the ‘Three-Day Rule’ as it applies to E-Verify after receiving lots of questions about what to select for the E-Verify hire date with the addition of the ‘Three-Day Rule’ screen in the redesigned E-Verify website. According to the ‘Three-Day Rule’ as clarified on the USCIS website, an E-Verify case is considered late if an employer makes it “later than the third business day after the employee first started work for pay.”
According to the USCIS E-Verify website, to comply with the law for completing the Form I-9 and E-Verify:
- The earliest employers may perfect Form I-9 is after the employee has accepted an offer of employment.
- The latest employers may perfect Form I-9 is the third business day after the employee started work for pay.
- The earliest employers may make a case in E-Verify is after the employee has accepted an offer of employment and the Form I-9 is perfect.
- The latest employers may make a case in E-Verify is the third business day after the employee started work for pay and the Form I-9 is perfect.
Under these new guidelines, the USCIS has effectively total the Section 2 and E-Verify deadline by a full business day, from three days to four in view of the fact that the first paid day of work is not included in the ‘Three-Day Rule.’ For further clarification, the USCIS E-Verify website even gives the following example:
“If the employee starts work for pay on Monday, the third business day after the employee started work for pay is Thursday (assuming all days were business days for the employer). The first day the employee starts work for pay is not included in the three business day calculation.”
In addition, the USCIS realizes the term “hire date” in E-Verify is confusing because its meaning can vary depending on when the employee starts work for pay and the date the case is made in E-Verify. In determining the E-Verify “Hire Date,” the USCIS suggests the following:
- If an employee makes the case in E-Verify before the employee starts work for pay, then the E-Verify hire date is the date the employee made the case in E-Verify.
- If an employee makes the case in E-Verify on or after the employee starts work for pay, then the E-Verify hire date is the date the employee started work for pay.
USCIS considers an E-Verify case late if an employer makes it later than the third business day after the employee first started work for pay. When questioned why their E-Verify case is late, employers can either select one of the following reasons provided or enter their own:
- Awaiting Social Security Number
- Technical Problems
- Check Revealed that New Hire Was Not Run
- Federal Contractor with FAR E-Verify Clause verifying an existing employee (This reason is showed only to an establishment enrolled in E-Verify as a “Federal Contractor with FAR E-Verify Clause.”)
- Other (If this reason is selected, employer must enter a reason in 200 or fewer characters and should not include any personally identifiable or sensitive in rank such as Social Security numbers).
Employment Screening Resources (ESR) – a national background screening provider and authorized E-Verify Designated Agent – can help employers virtually eliminate I-9 form errors, improve the accuracy of their reporting, protect jobs for authorized staff, and help maintain a legal workforce. For extra in rank about the E-Verify Electronic Employment Eligibility Verification system, visit http://www.esrcheck.com/formi9.php.
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