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Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay). For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week.
The short answer is that yes, a Form I-9 can be completed prior to the start date of an employee.
Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.
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.
Failing to timely complete an I-9 for employee or doing a really bad job of it can result in fines of $110 to over $1000 per employee for the first infraction. These fines impact large and small business alike.
You may create a case in E-Verify for an employee whose first day of employment is up to 90 business days in the future. The employee's first day of employment is the date the employee began (or will begin) work for pay.
An employee must complete Section 1 of Form I-9 by his or her first day of work. The employer must complete Section 2 of Form I-9 by the end of the third business day, or within 72 hours after employment commences, even if the employee is not scheduled to work for some or all of that period.
Do we have to pay an employee who terminated employment before completing Form I-9? Yes. An incomplete I-9 form does not affect an employer's ability or obligation to pay an employee. The I-9 form is used to verify eligibility to work in the U.S. and does not affect payroll.
Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay). For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week.
The Immigration Reform and Compliance Act of 1986 (IRCA) prohibits the employment of unauthorized aliens and requires all employers to: (1) not knowingly hire or continue to employ any person not authorized to work in the United States, (2) verify the employment eligibility of every new employee (whether the employee