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You may not use the I-9 form as part of the applicant screening process or background check. If the new hire does not present acceptable identification documents by the end of three business days after the first day of work for pay, you may terminate the employee for failing to complete the I-9 form.
An E-Verify case is considered late if you create it later than the third business day after the employee first started work for pay. If the case you create is late, E-Verify will ask why, and you can either select one of the reasons provided or enter you own. The reasons provided are: Awaiting Social Security Number.
A case result of Verification in Process means that DHS cannot verify the data and needs more time. The case is automatically referred for further verification. DHS will respond to most of these cases within 24 hours, although some responses may take up to 3 federal government working days.
The E-Verify Verification The verification can be completed before the employee begins work for pay. The latest three days after the new hire's first day of work for pay, unless the employee will work for fewer than three days. For them, you must verify no later than the first day of work for pay.
Unless an employer is a federal contractor with a federal contract containing the FAR E-Verify clause, it cannot use E-Verify for existing employees. Employers should not go back and create a case for any employee hired during the time its account was inactive and there was deliberate non-use of E-Verify.
Can an employer quit using E-Verify? Yes, assuming state law does not require it. For employers to stop using the system, they must continue using the system and, per the signed Memorandum of Understanding, provide 30 days written notice to the government.
You may terminate an employee who fails to produce an acceptable document or documents, or an acceptable receipt for a document within three business days of the date employment begins. Employers that fail to properly complete Form I-9 risk violating section 274A of the INA and are subject to civil money penalties.
If an employer discovers a missing Form I-9, the employer and employee must complete a new Form I-9. The newly completed form should not be back-dated. If the employee cannot produce acceptable documentation or refuses to complete Section 1 of the Form I-9, he or she cannot work for pay.
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