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.
Completing Form I-9 and E-Verify
To comply with the law
Complete Form I-9
Create a Case in E-Verify
The earliest you may:
- The employee has accepted an offer of employment
- The employee has accepted an offer of employment; and
- Form I-9 is complete
The latest you may:
- The third business day after the employee started work for pay
- The third business day after the employee started work for pay; and
- Form I-9 is complete
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.
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.