What's the Hire Date for E-Verify
The hire date entered into E-Verify has been simplified to mirror Form I-9. The hire date is now the date the employee began (or will begin) work for pay as determined on Section 2 “Certification” date from the employee’s Form I-9.
Completing Form I-9 and E-Verify:
While there is much overlap between Form I-9, Employment Eligibility Verification, and E-Verify requirements, this page addresses the three-day rule as it applies to E-Verify. For more information on Form I-9, consult the M-274, Handbook for Employers.
Determining the E-Verify Hire Date:
The hire date is the date the employee began (or will begin) work for pay. Use the Section 2 “Certification” date from the employee’s Form I-9 as the hire date in E-Verify. You may select a hire date that is up to 365 calendar days in the future.
The ability to select a future hire date does not change the rule that prohibits prescreening. A prospective employee MUST have accepted an employment offer before you may complete Form I-9 and create a case in E-Verify. Selecting a future hire date simply eliminates a confusing workaround in cases where E-Verify is used after an employee accepts an employment offer, but before he or she begins work for pay. If you rehired an employee and completed Section 3 of Form I-9, use the “Date of Rehire” from Section 3 of the employee’s Form I-9 as the hire date in E-Verify.
If the employee’s hire date changes after you have created the case in E-Verify, no additional action is required in E-Verify as you cannot change the hire date once you’ve created the case. You must, however, make a correction to the Section 2 “Certification” date on the employee’s Form I-9 if the employee’s hire date changes.
If you’re a federal contractor with the FAR E-Verify clause and you’re creating a case for an existing employee, the hire date is always the date the employee first started work for pay. It doesn’t matter if the employee completes a new Form I-9—the hire date is always the Section 2 certification date of the original Form I-9.
Last Reviewed/Updated: 05/19/2011