What are the E-Verify time limits? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

What are the E-Verify time limits?

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Q. What is the required time frame for conducting an employment eligibility check on a newly hired employee under E-Verify? Am I required to run the check before the employee begins work?

A. The earliest an employer may initiate an E-Verify check is after an individual accepts an offer of employment and after he or she completes a Form I-9.

Nevertheless, you must initiate the query no later than the end of three business days after the new hire’s actual start date. You may initiate the check before a new hire’s actual start date, as long as it is not used to pre-screen the new employee.

You can’t use a tentative nonconfirmation of employment eligibility or a delay in receiving a confirmation of employment authorization to delay an actual start date or any necessary training.

An employee may not face any adverse employment consequences based on an employer’s use of E-Verify unless a query results in a final nonconfirmation response. Criticism that the program is notoriously error-prone is still front and center in the E-Verify debate. Therefore, it is important to always exercise caution when terminating a new hire based on any tentative nonconfirmation response. 

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