If Form I-9 documents are not completed within three business days of an employee's start date, both the employer and the employee face specific consequences related to employment eligibility verification. This three-day timeframe is a critical federal requirement designed to ensure all employees are authorized to work in the United States.
Here's what can happen if the I-9 process is not completed within this period:
Consequences for the Employee
An employer **may terminate an employee** who fails to present acceptable documentation (or an acceptable receipt for a document) within three business days after the date employment begins. This is because federal law requires employers to verify the identity and employment authorization of every new employee, and failure to provide the necessary documents prevents this verification from occurring.Consequences for the Employer
If an employer fails to properly complete Form I-9, they risk violating Section 274A of the Immigration and Nationality Act (INA). Such violations can lead to **civil money penalties**. The amount of these penalties can vary based on the nature and extent of the violation, ranging from technical paperwork errors to knowingly hiring or continuing to employ unauthorized individuals.Why the 3-Day Rule is Critical
The three-business-day rule serves as a cornerstone for maintaining a legal workforce. It applies universally to all employers and employees in the U.S., regardless of citizenship or immigration status, ensuring prompt and accurate verification of employment eligibility.Ensuring Compliance with Form I-9
To avoid potential penalties and maintain legal compliance, employers should:- Timely Completion: Ensure that Section 1 of Form I-9 is completed by the employee on their first day of employment, and Section 2 is completed by the employer within three business days of the employee's start date.
- Document Review: Carefully examine the documentation presented by the employee to determine if it reasonably appears to be genuine and relates to the person presenting it.
- Record Retention: Properly retain the completed Form I-9 for the required period, which is either three years from the date of hire or one year after the date employment ends, whichever is later.
- Reverification (if applicable): Reverify employment eligibility for employees whose work authorization expires, if required.
For comprehensive guidance on I-9 compliance, including detailed information on documentation requirements and the employer review process, employers should consult resources like the U.S. Citizenship and Immigration Services (USCIS) Handbook for Employers (M-274).
