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E-Verify Three Day Rule

July 30, 2010

Since the Immigration Reform and Control Act became law in 1986, employers have understood that the I-9 needed to be completed within three days of hire. Background screening companies that became designated agents for E-Verify have also been aware that three days was the rule.

E-Verify was recently redesigned and during the training sessions, USCIS mentioned that employers “have three days after the employee’s date of hire” to open the case in E-Verify. Because this differs from the general understanding held by employers, USCIS was encouraged to clear up the confusion. On June 30, 2010, USCIS issued the following statement: “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.”

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