Employers using E-Verify to authenticate employees’ work authorization status are subject to the Three-Day Rule, which requires an employer to create an E-Verify case no later than three business days after an employee first works for pay (commonly referred to as the Hire Date). Confusion sometimes arises, however, because the Hire Date differs depending on whether the E-Verify case is created before or after the first day an employee works for pay. To clarify the matter, United States Citizenship and Immigration Services (USCIS) created a webpage explaining how to determine the Hire Date, and how to calculate the compliance deadline.

Employers can create an E-Verify case before the individual’s first day of work for pay if the individual has accepted an employment offer and has completed a Form I-9. The Hire Date is the date the E-Verify case is created.

Example: An employee accepts an employment offer and completes a Form I-9 on Thursday, but will not begin work until Monday. The employer creates an E-Verify case on Friday, the day after both conditions were met. Friday is the Hire Date.

Employers can also create an E-Verify case on or after the first day an employee works for pay. However, the employer must create a case no later than the third business day after the employee first works for pay.

Example: A business only operates Monday through Friday. An employee first works for pay on Monday, which is the Hire Date. For Three-Day Rule purposes, the first day is excluded from calculating the compliance deadline. Accordingly, Thursday is the third business day after the Hire Date, and the last day for an employer to create an E-Verify case.