I-9/E-Verify

By: Dave Fowler

Updates: July 6, 2010 - from comments submitted to the blog post.

1. USCIS has issued guidelines for the hire date to be entered on the Form I-9 as well as in E-Verify and these dates can be different.
2. Question:
1. Does the employee signature date in Section 1 have to match the hire date in Section 2?
2. Answer: The employee signature date in Section one should be the same or prior to the hire date in Section 2 unless you are completing a new Form I-9 for an existing employee because the original Form I-9 was lost or damaged, or if a Form I-9 was not completed for the employee at the time of hire.
3. Question:
1. Can the certification date be a later date than the employee's signature date in Section 1?
2. Answer: Yes. This happens frequently because the Form I-9 can be completed prior to the employee's first day of work for pay. If the employee is being hired today and completing the Form I-9, but won't start working until next week, the employee signs Section 1 today and, as many employers do, the hire date will be the date the employee starts work next week.

I have it on good authority that after much discussion at USCIS around the employment and rehire dates on the Form I-9, USCIS has formulated new guidance that will be published in updated documentation due out in a few months. The guidance is consistent with the postion that has been taken by TALX, other E-Verify Designated Agents, professional associations such as the American Payroll Association, and other government agencies. This is good news since this guidance will put the issue to rest and provide employers, E-Verify Designated Agents, and auditors with definitive rules around correctly entering hire dates on Form I-9.

The guidance will essentially include the following.

• The employment date in Section 2 must be the date the employer signs Section 2 or a prior date.
• The employment date in Section 2 must not be a future date. A future date is not acceptable by E-Verify.
• The rehire date in Section 3 must be the date the employer signs Section 3 or a prior date. The rehire date in Section 3 must not be a future date.
• There is no requirement that the employment date in Section 2 or the rehire date in Section 3 match any date in the employer's systems. Since the Form I-9 can be completed prior to the employee's first day of work for pay, the employment date in Section 2 (or rehire date in Section 3) of the Form I-9 may be a date prior to the employee's first day of work for pay and it may be a date prior to the date the employee qualifies for benefits from the employer.

This is a very good thing. Thank you USCIS for stepping up and providing this guidance. Having this documented will clarify the employment date rule or all stakeholders. Hopefully, USCIS will continue to provide updated guidance to clarify other rules regarding Form I-9. Anyway, for now kudos to USCIS. We all appreciate your efforts and can't wait for the updated documentation to be published.