What date needs to be put on the I-9 the Start date or Hire Date. For example the employee accepts the position and clears the Background check process. They come in to fill out all new hire paperwork including the I-9 on Monday but will not actually start work until wednesday, what date should go on the I-9
The date on the I-9 form needs to be the date the employee is actually filling the form out. This can be the hire date, rather than the start date.
Suppose Tom was offered a position at XYZ company yesterday and accepted. Today, Tom comes in to fill out his new hire paperwork, even though he is not actually starting the job for a week. Tom and his employer will put todays date on the paperwork.
You are right to question this, because employers cannot require applicants or interviewees to complete the I-9, or to show I-9 supporting documents. Using the I-9 as a screening tool is illegal discrimination, under the law. However, once the candidate has been offered and accepted a job, it is legal to have them fill out the I-9 and other paperwork, even prior to their first day of work. Many, if not most, employers do this.
While the overwhelming majority of employers have workers complete the I-9 on or before their first working day, technically the law permits the form to be complete up to 3 days after the employee starts work.
Employers who use E-Verify are also permitted by law to verify employment eligibility after the employee has accepted the job, but before he or she actually starts working. By law, if the E-Verify system is used, it must be done within 3 days after the employee starts work. (A new regulation for 2009 requires federal contractors to complete E-Verify with current employees on certain projects. )
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